the recent changes in the FRCP relating to electronic discovery have yet to play out. lawyers see it one way, courts another, litigants still another. no matter howe things work out though, one thing is unmistakable: the smell of money. a recent piece by the Associated Press put it succinctly:
there are hundreds of “e-discovery vendors” and these businesses raked in approximately $1.6 billion in 2006 … That figure could double in 2007 … [more] (emphasis in original)
LPM says: as with revision of the bankruptcy laws, the advent of mandatory e-filing in the federal courts, and other disruptive and often long-overdue changes, the new e-discovery rules are really a golden opportunity for vendors to sound the alarm bells and herd customers once more into the house that overpriced legal research built. yes westlaw and lexis — i’m talking to you.
our advice: be wary of e-discovery gimmickery. learn the facts first. question sales people. use the LPM committee as a resource. get us involved before you commit to new systems that are supposed to “solve” the e-discovery dillema. we’ll let you know what we have heard so you can make a more informed decision. we are also looking for feedback from anyone who has used such systems or is dealing with e-discovery issues right now (lawyers, judges, paralegals, etc).
for more information contact the LPM commitee at firstname.lastname@example.org