When your clients ask, “What do I need to know before a meet-and-confer?” the answer is simple: Know the data.
Rule 26(f) of the Federal Rules of Civil Procedure (FRCP) states that, in most cases, parties “must confer” to, among other things, “develop a discovery plan.” Where required, these conferences provide an opportunity for both sides to craft a thoughtful and proportional approach to discovery. Coming prepared can yield better results in several important areas, from identifying issues with the use of certain types of electronically stored information (ESI) maintained by the parties to deciding limitations around discovery and the optimal document review approaches.
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