We often fear what we do not understand, and lawyers are not exempt from this theory. E-discovery is still one of those items often dreaded by law firms … and sometimes for good reason. There is a dark cloud of mystery around e-discovery and at times it is hard to see through it. Some questions that often arise include: How is e-discovery supposed to be used? What are the real benefits? Why can't we go around it?

When e-discovery first appeared, it was perceived as a mysterious thing that computer/technical people created. Actually, that is only partially true. As soon as the ability to store electronic data became available, e-discovery began to play an integral role in legal matters. In my daily work, I often find that the mystery surrounding e-discovery is still prevalent in many of today's law firms.

One of the larger hurdles surrounding e-discovery is those parties who have the job of educating others about it and its various uses. More often than not, individuals who are technical in nature are in charge of spearheading this initiative. Frequently, these individuals have a hard time properly conveying their message to the attorneys. Before we even begin any e-discovery-related tasks, the first thing I do is educate those who are working on the matter about what we are doing and why. This allows for all parties to fully understand what the mission is and how e-discovery will impact the current case. The education of all who will be involved is an integral part of the process; without it, difficulties arise while working through the e-discovery process.