Task: preserve, collect, review, and produce the relevant data from that stockpile in a timely, cost-efficient way while still being responsive to the opposing party and avoiding any sanctionable conduct for the client or the attorney.
The above scenario makes it easy to see why e-discovery is such a daunting, intimidating task for lawyers who are fearful of the cost of failing at any one of those steps. But despite attention-grabbing headlines where jail is threatened as a sanction for e-discovery violations or attorneys are on the hook for millions of dollars in sanctions, the threat of sanctions is actually pretty low, many e-discovery lawyers say. The trick is knowing how the court and judge in a case have come down before and what rules or standards apply in each jurisdiction. With e-discovery case law entering its teen years and rules varying widely across federal and state courts, that too can be a daunting task.
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