The Collaborative Model Of E-Discovery

Law360 (February 10, 2009, 12:00 AM EST) -- Anyone paying the slightest attention to the judicial treatment of electronically stored information ("ESI") obligations is rightfully scared to death.

Not a month goes by without lawyers and their clients being sanctioned for one lapse or another in preservation, collection, privilege review or production of ESI.

That, in part, is because many of us are trying to fight this war with the tactics from the last war: hollow complaints of "burden," contentious and prolific motions practice, and obfuscation.

We're finding out, however, that these trenches have become increasingly expensive, ineffective and uncomfortable, and do little to advance our client's cause....

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