In a Judges Roundtable on E-Discovery Best Practices sponsored by Exterro and InsideCounsel, Judges Joy Conti and Xavier Rodriguez, and former Judge Ronald Hedges pointed out a few things that adversely impact e-discovery competency for both attorneys and judges:

  • Rapid changes in technology make it difficult to keep up; this, in turn, contributes to …
  • … many judges thinking they are better at understanding e-discovery than they actually are; and, therefore …
  • … there is a continuing need for education in e-discovery best practices for both attorneys and judges.
  • In addition, there is an inertia to overcome: judges don’t want to change the way they’ve always practiced in the past.

As Conti pointed out, many state judges don’t think it necessary for the court to manage e-discovery; this is something to be worked out by the attorneys. I believe that this last factor is heavily influenced by the fact that older judges are uncomfortable with technology. But, together, these factors impede competency at both the federal and state court systems.

Growing E-Discovery Competency

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