This article challenges litigators to alter their preconceptions about the breadth of their document requests and the areas that they wish their adversaries to search, as an economically sensible reaction to the demands of e-discovery, but which also has intellectually motivated substantive benefits. The time is right for such thinking in light of the dramatic shift in the economic climate of the U.S. legal marketplace.
Some history is needed, briefly, to give context to the strategic suggestion made here.
