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Feature Stories Begin Electronic Discovery Planning Now One of the most difficult discovery issues facing attorneys today is the challenge of developing a uniform approach for handling electronic discovery in an efficient, effective manner. A few years ago, electronic discovery was a new concept and most law firms approached each electronic document request as a unique project. Learning where their clients stored electronic data and how to best collect and review it was a daunting task—especially for a non-technical profession. Attorneys frequently made up their electronic discovery strategy as they went along, typically starting from scratch with each new case. This approach will no longer suffice. There is no doubt that electronic discovery is here to stay, and attorneys now need a uniform, well-planned approach for gathering, reviewing, marking and producing electronic discovery documents.
To be successful, attorneys must please two audiences: the courts and their clients. Both of these groups are keenly interested in knowing that a firm has the proper electronic discovery protocols in place, and can effectively manage the electronic discovery component of any case. The importance of early planning is underscored by recent decisions such as that by the 2nd Circuit Court of Appeals in Residential Funding Corp. and the D.C. District Court in Cobell (see Case Law Updates). Facing the possibility of severe discovery sanctions, attorneys are compelled to plan for electronic discovery differently than for traditional discovery. The 2nd Circuit's ruling in Residential Funding highlights the importance of early and effective electronic discovery planning, and illustrates how neglecting to consult a skilled electronic discovery service provider early in a case can be fatal. Attorneys need professional guidance to understand how electronic data is appropriately gathered, reviewed and produced to meet their discovery obligations. Aware of the growing number of electronic discovery service providers, courts expect that competent assistance will be sought. Clients are also asking about a firm's electronic discovery expertise with increasing regularity. Fearful of experiencing electronic document embarrassments—and the media have reported on many in the past year—business leaders are demanding that their outside counsel demonstrate electronic discovery experience and expertise. Today, many firms have members of the litigation support staff devoted to managing electronic discovery projects, and the more tech-savvy law firms have attorneys in electronic discovery practice groups. Developing a uniform approach within the firm has a significant impact on its ability to manage firm resources more effectively when electronic discovery is at issue in a case. This also provides the firm with a powerful marketing tool and competitive edge in attracting and retaining key clients. The first step to developing a uniform approach to electronic discovery is to begin a dialogue with a skilled service provider. In doing so, attorneys can shortcut the electronic discovery learning curve by implementing a proven blueprint at their firm. In this process, lawyers gain all the advantages of electronic discovery without suffering the hard lessons of what not to do along the way. Applied Discovery provides a complete line of electronic discovery services for litigation or mergers and acquisitions. Processing as many as 3 million pages per day and handling more than 200 electronic file types, we provide our clients with a consistent, cost-effective strategy for handling electronic discovery in any case. |
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