It should come as no surprise that most lawyers are not familiar with the intricacies associated with electronically stored information. Most of us did not attend law school due to a burning desire to learn about metadata or how to create a proper statistical sample for technology-assisted review. The modern day practitioner's lack of ESI knowledge can cause some serious confusion and anxiety, on a good day.
The reality of litigation in this day and age is that countless hours are spent by counsel on both sides of a dispute trying to explain to each other, or worse, to the court, the "what" and the "how" of their eDiscovery efforts. Despite attempts at explaining the methodologies used, there is a serious lack of confidence between parties in litigation involving eDiscovery. What may start off as just lack of confidence can soon snowball into eDiscovery battles throughout the litigation process, disputes that may ultimately require court interference. The consistent rise in the volume of data generated by individuals and companies has only made matters worse. There is, however, a positive takeaway here; the resulting shift in the litigation landscape has caused courts to not only take note, but provide guidance to practitioners.
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