Lawyers live for that “Aha! moment,” when they find the smoking gun. But, as we well know, in most cases there is no smoking gun.
The implicit notion of much e-discovery (beyond that of core, substantive documents) is that if we can examine enough e-mails, text messages, instant messages, tweets, Facebook pages, etc., we will find that elusive smoking gun. It is as if one long-forgotten electronic message, written years before, will reveal the hidden but unequivocal truth.
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