Friday, May 25, 2007

Electronic Discovery - new article

One more for any lawyers seeing this blog and for business owners.'s Legal Technology page has a new article on electronic discovery: E-Evidence: Who Let the Dogs Out?. I am still pondering the full meaning of these paragraphs:

When will we see that clients self-immolate far more often through incomplete production than inadvertent production?

We need to devote more time to thinking about what the evidence is instead of where it lodges. Too often, we fixate on the containers — the e-mail, spreadsheets and databases — with insufficient regard for the content. This isn't just a rant against producing parties. I see the failure as well in requesting parties determined to get to the other side's tapes and hard drives but unable to articulate what they're seeking.