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Electronic Discovery Litigation

Our experience has been that most attorneys shy away from electronic discovery issues, probably because they are uncomfortable with the topic or don’t have any experience with it.  Many have very little idea how their own electronic documents are processed, let alone how their adversary handles their evidence.  In many cases, it seems that attorneys form “gentlemen’s agreements” with opposing counsel to ignore any flaws within their respective electronic document productions.  This type of agreement makes it easier for the lawyers, but often at the expense of your case.  That’s a slippery path to go down and could be the difference between winning and losing.

The truth is that most electronic document productions, in our experience, are riddled with mistakes.  Many of these mistakes are the result of recklessness as attorneys do not know how to check the work of their own electronic discovery.  Some law firms go as far as to outsource electronic discover to a third party vendor, but they have to take the vendor’s word at face value since they have no idea if the job was done correctly or not.  (And trust us, there are a lot of hacks out there claiming to be electronic discovery experts.  It takes more than a “find” function to be proficient at electronic discovery!)  Sometimes, the issue is much worse than an oversight or an error: some issues boil down to flat-out, deliberate electronic discovery misconduct.

In either case, paying close attention to both the technical and legal details of electronic discovery can make or break your case.  Of course, we pay close attention to electronic discovery in any litigation we undertake—it’s the foundation of our firm.

At the same time, our electronic discovery law practice can complement any representation in which another law firm works as lead counsel.  Whether representing the client before the court as special electronic discovery counsel, or simply helping behind the scenes as electronic discovery consultants, we provide original insight on electronic discovery issues.

Our electronic discovery law practice entails:

  1. Representing clients before opposing counsel and in court on electronic discovery matters;
  2. Representing clients at initial discovery conferences to make certain you receive all electronic evidence you are entitled to;
  3. Coordinating electronic document productions;
  4. Analyzing electronic document productions for errors and electronic discovery misconduct;
  5. Drafting motions to compel and motions for sanctions based on electronic discovery misconduct and representing you before the court; and
  6. Deposing custodians of records and electronic discovery vendors.

Your case is too important not to make use of every tool in the toolbox.  Our critical electronic discovery methods and technologies can be the tool that makes the case.  If you’re not sure if your case could benefit from electronic discovery, simply contact us for a quick phone consultation. We’ll take it from there.