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According to a cacophony of surveys, reports and anecdotal evidence, the American litigation system is teetering on the brink of collapse, due in large part to complex electronic discovery issues. One report issued by the American College of Trial Lawyers Task Force on Discovery revealed that many lawyers believe there are serious problems in the civil justice system and that the discovery process, though not entirely broken, is “badly in need of attention.” Based on the survey of nearly 1,500 trial lawyers, the report is consistent with sentiments expressed by many concerned with the cost and complexity of today’s judicial system, particularly those expenses related to e-discovery.

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