Electronic Discovery Why Arent More Law Firms Using It

Electronic Discovery Why Arent More Law Firms Using It



As the​ technology age creeps upon us and forces us reevaluate our personal lives in​ everything that we​ do,​ the​ same can be said for how lawyers practice. Partners who have been tied to​ their pen and paper presentations are now being confronted with a​ phenomenon that has started to​ pick up speed since the​ early 90’s- Electronic Discovery Requests.

In the​ general practice of​ law,​ opposing counsels will ask for relevant and pertinent data from each other under the​ aegis of​ full disclosure. But what happens when this information is​ contained on​ someone’s computer,​ more specifically an​ email,​ word document,​ or​ even an​ excel spreadsheet? Precisely,​ many lawyers do NOT know what to​ do.

This is​ where the​ niche practitioners of​ the​ field of​ electronic discovery come into place. These consultants and technologists assist lawyers and firms every day with their electronic discovery needs. From assisting with drafting proper discovery requests,​ to​ helping the​ firm understand how to​ deal with electronic discovery vendors to​ process their information,​ it​ truly is​ a​ growing field in​ this day and age.

So why is​ it​ that many law firms are not up to​ speed on​ this segment of​ practice. For many firms,​ there is​ no necessity yet to​ embrace this technology. But that will change in​ the​ near future as​ more opposing counsels levy electronic discovery requests against them to​ fulfill. Courts are starting to​ require firms to​ electronically file briefs and other court papers.

As you can see,​ the​ legal system will drive itself to​ accommodate the​ electronic discovery field. Pertinent data resides on​ cell phones,​ PDA’s,​ computers and even voice mailboxes. These are all discoverable under the​ federal rules of​ law. Lawyers will need to​ become educated as​ well as​ confident in​ their understanding of​ this new field. the​ pen and paper dinosaur will still be there,​ but in​ order for him to​ survive,​ he and his associates will need to​ adapt,​ and not be so afraid of​ this new world. Otherwise,​ they can be looking at​ extinction.




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