Lawyers and clients are overwhelmed by the volume and cost of e-discovery and admit that e-discovery battle wounds impact clients’ future willingness to litigate. Are e-discovery expenses eroding clients’ willingness to litigate? Is litigation a casualty of the Information Age? If so, what can litigators do to restore clients’ confidence in litigation as an effective and efficient means of resolving their disputes?

I respectfully propose that litigators invite their business and individual clients to audit counsels’ e-discovery competence. Litigators should not fear an e-discovery audit. After all, discovery is about evidence, and it is difficult to win cases without evidence. Furthermore, 95 percent of discovery is now e-discovery, and 80 percent of legal spend is attributable to discovery. In short, litigators should be eager to demonstrate their ability to tame information volume without jeopardizing results. Litigators can only restore clients’ willingness to litigate if they invite and pass their clients’ e-discovery competence audit. Establishing e-discovery competence begins with counsel welcoming clients’ questions along these lines:

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