Lawyers engaged in civil litigation on smaller matters face uncertainty regarding the extent to which electronically stored information must be preserved. They are justifiably worried about the costs associated with identifying, preserving, collecting, reviewing, and producing this information. This uncertainty, and a lack of understanding of the technical issues involved, forces many lawyers to choose one of two extremes: overpreservation to prevent sanctions or an abdication of preservation responsibilities to vendors or the clients themselves.
E-Discovery to Serve the Small Litigant
The National Law Journal
January 5, 2011
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