Inefficiency is Ruining Litigation

Is e-Discovery ruining litigation?  The answer is no.  In actuality, it is inefficiency that is causing clients to increasingly regard litigation as an ineffective method of resolving their complex disputes.  Given that 99 percent of complex litigations involve e-Discovery, lawyers who remain technologically naïve cause clients’ costs to sky rocket.  Those clients make future litigation decisions based on the amount of likely e-Discovery rather than the merits.  As outlined in this article that appeared on the cover of the Complex Litigation and e-Discovery Supplement to the May 4, 2015 New Jersey Law Journal, most lawyers are generally unaware of the powers of technology assisted review that joins human and artificial intelligence to significantly reduce (by as must as 90%) the need for human review of large data sets.

These and related topics will be covered at an upcoming WestLegalEd CLE on August 13th (ethics credit available) that offers in-house counsel with a perspective on ethical cost-saving strategies including an audit of outside counsel’s e-Discovery workflow.  For all lawyers, the panel will outline what constitutes technological competence and analyze the rules of professional conduct and duties owed to the Court and provide counsel with practical guidance on structuring a quality e-Discovery process through a detailed examination of the doctrines of cooperation and proportionality.

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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