Electronic Discovery: As an Attorney, Are You Prepared For It?

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Electronic Discovery: As an Attorney, Are You Prepared For It?

Youre sitting in your office when your secretary buzzes you and says you have a letter in from the mail. Upon opening it you realize its a request for electronic discovery. The opposing attorney is asking for your clients hard drives, emails, phone records, tape backups, and other legacy media.

Do you know how to respond to their request? Do you know what is relevant or not to the litigation? How do you review and do productions on electronic discovery? What kind of software exists out there to help? And cant you just give them paper and let them be happy with that?

So many questions, and not surprisingly, so many answers. To begin, you need to know what electronic discovery is before undertaking any kind of response. Electronic discovery is the term coined to indicate any information in electronic format that is passed between two parties for the sake of discovery during or before litigation commences. Such information can be electronic files on a hard drive, emails on a pda, server, laptop, or desktop, and voice and video recordings among other things.

Generally, most electronic...

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