Scrap theft: dissecting the which means of collaboration and transparency in e-discovery


You’re retained by a consumer to symbolize them in a contentious civil dispute. The opposing counsel has despatched on a draft stipulation detailing the proposed scope of the e-search obligations, the primary paragraph of which defines “cooperation” as a requirement and mandates that the events be federal and/or civil. Conform to transparency according to native laws. course of. Seems like a fantastic concept, as the price of e-search is rising and the search velocity train is often tedious and pathetic. It might’t presumably be mistaken to comply with behave respectfully and pleasant all through the examination, proper?

As with most issues associated to e-discovery, litigants are sensible to watch out. Gaining events longing for visibility right into a competitor’s inside processes – corresponding to doc safety, archiving, evaluate and privilege logging – are sometimes fast to say guidelines of cooperation and transparency “mandate”. However does this translate into an actual obligation to share the whole lot from non-responsive paperwork to lawyer work merchandise? Would not this interpretation overlook the easily-reducible—and equally necessary—security and guard rails of rationality and proportionality? We consider that the true which means of cooperation and transparency has been misunderstood by each the lawyer and the judiciary. As Shakespeare as soon as stated, “They’ve been in a fantastic feast of languages, and have stolen the scrap.”



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