Despite the central role of electronic information in our lives, electronic data discovery (EDD) efforts are either overlooked altogether or pursued in such epic proportions that discovery dethrones the merits as the focal point of the case. At each extreme, lawyers must bear some responsibility for failure. Few of us have devoted sufficient effort to learn the technology, instead deluding ourselves that we can serve clients by focusing on the smallest, stalest fraction of evidence: paper documents.
When we do garner a little knowledge, we abuse it like the Sorcerer’s Apprentice, demanding production of “any and all” electronic data and insisting on preservation efforts sustainable only through operational paralysis. We didn’t know how good we had it when discovery meant only paper.
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