The 2015 amendments to the Federal Rules of Civil Procedure may be the law of the land when it comes to e-discovery, but that hasn’t led to anything close to widespread e-discovery technology use, let alone understanding.
Knowing well that terms like “FRCP,” “proportionality” and “preservation” may draw blank stares from those outside of what’s known as “the legal tech bubble,” Judge Andrew J. Peck of the Southern District of New York partook in a Legalweek: The Experience panel on bringing FRCP knowledge to the legal world masses.
He said this knowledge is not only important, but essential. Consider proportionality requirements in e-discovery, which Peck sums up as, “You can’t just ask for any and all things about everything regardless of whether it’s really relevant to the case.’”
Or what about new meet and confer standards? As Judge Peck puts it, “Lawyers need to cooperate with each other. I know that’s hard sometimes for lawyers to do, but it generally saves the clients money and leads to less motion practice and less aggravation.”
Ultimately, while the legal technology community is knowledgeable about these issues, “The rest of the bar needs a greater education as to the new rules. But I think we’re doing that.”
Here’s more from Judge Peck on FRCP from Legalweek: