Some judges and lawyers continue to be concerned over whether a “typical attorney” has the legal and technical knowledge to advise clients on e-discovery, a recently released survey from Exterro found. The survey also reinforces the need for attorneys and judges to become more educated to realize the benefits that the newly enacted amendments to the Federal Rules of Civil Procedure (FRCP) are intended to create.
The second annual Federal Judges Survey questioned 14 federal judges and 22 attorneys. Here are some key takeaways from the survey:
- Some 65 percent of all respondents “completely or somewhat” disagree that “the typical attorney possesses the subject matter knowledge (legal and technical) required to effectively counsel clients on e-discovery matters.”
- Moreover, 71 percent of judges surveyed blame a lack of cooperation between parties for the lack of e-discovery knowledge.
- And regarding whether the FRCP amendments will help to solve problems that currently occur in e-discovery, 57 percent of judges and 50 percent of attorneys agreed.
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