No one, even if they have nothing to hide, fancies the idea of relinquishing their data to a total stranger, only to wait for that data to be forwarded on to another stranger, then to a court, finally ending up as part of the official record.
Let’s look at pre-discovery, where you are formulating what types of files and data you are asking for, the format that you would like your deliverables in, as well as any dates or keywords relative to the case.
The overwhelming problems in the discovery system are twofold. On one hand, a large number of judges self-admittedly do not understand the potential of the incredibly large and varying amount of devices, as well as their storage capabilities. On the other hand, the requests which are made tend to be so broad and burdensome that it complicates an already difficult situation. Read more here.
This article was submitted by Jonathan T. Armiger, Wagner Reese LLP. If you would like to submit content or write an article for the E-Discovery, Information Governance & Cyber Security Section page, please email Kara Sikorski at firstname.lastname@example.org.