Many lawyers are overwhelmed with the new federal rules governing electronic discovery. It’s no wonder: Effective compliance with the new rules requires a fundamental understanding of how digital technology works, sufficient skill to manage the identification, harvesting and production of electronic information, and an ability to communicate with the court, opposing counsel, outside litigation counsel and the client in a way that both serves the objectives of the new rules and protects the client’s litigation interests.
Despite this tricky juggling act, in-house lawyers expect their outside counsel to be able to handle e-discovery in a competent and cost-effective manner. The stakes are high: In-house lawyers know that poorly planned or executed e-discovery can throw a litigation budget badly out of whack and even jeopardize the company.
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