Are you prepared for a representation involving e-discovery?

| Jan 2, 2020 | Firm News |

The way that people store information is continually changing the logistics of trial discovery. If you are not familiar with some technological basics about e-discovery, you may not be able to serve your client effectively.

Ultimately, your use of e-discovery could be a determinative factor in the strength of a complex case. You may need a thorough understanding of how to use this vital tool in order to meet your burden proof and show the full extent of your client’s damages.

Experience with e-discovery may be a practical and ethical requirement for a representation

Even highly experienced attorneys routinely bring in reinforcements for complex litigation involving Electronically Stored Information. The California State Bar has previously opined that an attorney who wishes to accept a representation involving ESI but lacks foundational knowledge must either gain proficiency or work with competent counsel or consultants.

Be prepared to handle the costs

California courts put the financial burden of e-discovery on the party requesting it. Bear in mind that the expenses can be significant. It may benefit you to collaborate with experienced counsel who has already established a working relationship with a document review team that offers extensive experience, software, and resources handling ESI.

E-Discovery requests can be a first quarter power play

Demonstrating a strong command of e-discovery strategies in the initial stages of litigation lets an opposing party know that you will get the information that you want and they cannot stop you from finding it. In effect, this may result in a more forthcoming and favorable settlement agreement for your client.

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