At the close of 2014, readers of media discussing the intersection of the law and information technology were offered dozens of pieces summing up the past year and predicting what the future holds for us. Some pieces, of course, were better than others, and I have no interest in reviewing or ranking them. What struck me about them is the assumption underlying all of them that things have changed.
I cannot quarrel with that assumption, but what I do want to discuss is how, in very important ways, things haven’t changed, how they will not change until we, e-discovery practitioners, do, and how some of the changes are foolish attempts to take shortcuts to change so as to avoid the hard work attendant to making real change. I will use the proposed change Federal Rule of Civil Procedure 26(b)(1) to illustrate my point.
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