One of the themes of George Carlin’s classic routine about “stuff” is that we have too much of it. Attorneys facing the prospect of gathering electronically stored information (“ESI”) and searching it for data responsive to discovery requests repeat Carlin’s complaint daily.
More information is generated and found in more places than ever before, and IT structure, not content, dictates how ESI is stored. Thus, unlike in the “paper” days, there is no longer one file or box to “pull.” Instead, numerous electronic files, each maintained by different users and usually lacking content-based organization, must be searched electronically; these searches usually lead to collecting multiple iterations of the same or almost the same files from several sources, thus necessitating that the collection be de-duplicated or near de-duplicated, while in the paper days, multiple copies of the same letter would have been thrown away during the filing.
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