An e-discovery lawyer is not an IT specialist. Admittedly, lines often blur for many attorneys due to familiarity with measures for preserving, collecting, processing and producing electronically stored information (ESI). There is, however, a difference between understanding the law of e-discovery and applying advanced technical concepts. Lawyers who walk the tightrope of advocacy and forensics may need to reconsider their strategy because forthcoming changes to the Federal Rules of Evidence could impact actions they often take on behalf of clients, especially in smaller matters.
Federal Rule of Evidence 902 regards evidence that is self-authenticating, outlining the types of documents that require no extrinsic evidence of authenticity for admission at trial. Examples of such evidence include records kept in the ordinary course of business, certified governmental records and published newspapers. On Dec. 1, an amendment to FRE 902 will add two additional subsections relevant to e-discovery and impactful for discovery strategy.
