I speak on electronic data discovery four to five times per year. It never fails that most of the presenters at these events preach fear as the motivation for learning about e-discovery. Happened just last week. What are the fears? Let’s see — fear of sanctions, fear of spoliation, fear of not preserving the entire planet of information, fear of not knowing where every byte of potentially relevant information exists, etc. Sound familiar?

I’ve never bought into the fear mantra, and I’m not planning to start. Here’s why. It’s kind of funny if you think about it — the fear sales pitch isn’t supported by the data. Yup, an e-discovery geek is telling you that your fears regarding e-discovery aren’t supported by the statistics.

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