Once upon a time, a client facing business litigation began by having a conversation with the company’s trusted outside legal counsel. The trial lawyer, drawing upon deep insights into the company’s business gained through years of close collaboration, listened carefully and immediately identified where further inquiry was needed. After some friendly discussions with the company’s most knowledgeable executives and a review of a file containing the few relevant documents, counsel unveiled to the client a brilliant case strategy that outlined a clear path to a successful resolution.
Of course, like most stories set “once upon a time,” this scenario may have been more aspirational than real. But in today’s real world of complex, burdensome and high-stakes electronic discovery, even this fantasy has been all but forgotten.
