Prepare to purge some outdated notions and get your e-discovery game on. Effective use and analysis of electronically stored information (ESI) can create efficiencies and provide key insights into the merits of your claims or defenses. But the utility of ESI often is lost when lawyers cling to past ideas of what discovery entails and fail to account for the unique technical and legal issues associated with discovering ESI.
The “e” in e-discovery causes some to assume that discovery and e-discovery are two separate concepts that can be addressed independently, rather than as part of an overall discovery strategy. In reality, most discovery revelations, disputes and costs relate to ESI. The “e” has some utility in drawing attention to the unique issues related to ESI, but failing to account for ESI as the main component of discovery is a costly misconception that needs to be dispelled—along with a few more.
E-Discovery is Only an Issue in Big Cases
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