In 1989, Judge Wayne E. Alley penned his opinion in Krueger v. Pelican Prod., C/A No. 87-2385-A, slip op. (W.D. Okla. Feb. 24, 1989). This case was likely the first-ever e-discovery case law opinion. In this opinion, he wrote: “If there is a hell to which disputatious, uncivil, vituperative lawyers go, let it be one in which the damned are eternally locked in discovery disputes with other lawyers of equally repugnant attributes.”
This opinion, written more than 30 years ago, could have easily been written in 2021. The opinions and actions of parties and their counsel have only marginally improved over the last three decades. Concurrently, too many legal professionals have lagged behind the pace of innovation in their understanding and adoption of vital legal technology, such as e-discovery.