I often hear litigators claim that e-discovery is killing litigation: “This stuff is too expensive. Who needs a database? Just give me a banker’s box full of emails, a highlighter and some sticky notes!”
I understand the frustration. Modern discovery is more cumbersome and expensive than in the good old days because the sheer volume of data we are generating means there is simply more to discover. The extra cost and burden is caused by the volume of data, not by the e-discovery process itself. If managed effectively, e-discovery strategy and technology can assist with truth-finding and resolution of disputes and help bring some method to the madness of ever-increasing data-invading litigation.
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