LTN: Which products does BH use in-house for each aspect of the EDRM?
K/J: Many. We do not currently have a preferred in-house platform.
LTN: Do you have any e-discovery predictions for 2013?
K/J: We think 2013 may be the year in which e-discovery becomes mainstream. The "e" leads some people to say, "I don't do that." But the procedural rules recognize that e-discovery is just a flavor of discovery. As of August, the model ethics rules now require technical competence of all lawyers or at least enough technical competence to know when to call in skilled e-discovery practitioners. This may be the year when people stop thinking about e-discovery as just a trend or litigation support function and realize that it is a key component of high level client service.
LTN: About how many of your firm's cases involve e-discovery? What approximate fraction is that of your firm's total number of cases handled?
K/J: That is something we are trying to get our arms around. But virtually all of our cases and investigations involve some form of electronic discovery. ... It's rare that a case would not have electronic discovery to some degree. As one of our partners likes to say, everyone is carrying around potentially relevant electronically stored information in their pocket or purse. Discovery is e-discovery now and has been for some time.