I saw this post on PDF for Lawyers, a site edited by Ernie Svenson (Ernie the Attorney) and Dave Fishel, just on top of participating in an ALM program on the same topic. The referenced article from the Federal Courts Law Review is an excellent overview on electronic evidence issues. There are, to be sure, lawyers like Dennis Kennedy who are light years ahead of most on analyzing issues relating to electronic discovery. The issues relating to e-discovery are becoming so pervasive, however, that every firm that truly wants to be known for "client service" is going to have to have an expert on this topic. Every case has the potential to involve electronic media, and failure to factor in the cost of securing the data that must be produced will cause resources to be wasted, and failure to produced requested and available data can result in sanctions, the discovery trick box. Clients need help, and the outside counsel who can provide sound, reasoned advice will have a leg up on everyone else.
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