E-discovery was once the sole concern of large law firms involved in large-scale litigation. But as EDD increasingly becomes an issue in smaller cases for smaller law firms, small firms and solo lawyers are learning some hard lessons about electronic evidence in litigation.

Michael Barnsback, an employment and civil litigation senior associate with DiMuro Ginsberg, says e-discovery is increasingly an issue for his 12-attorney firm in Alexandria, Va. While it is a challenge, he thinks it can sometimes benefit a small firm like his. He says there was a time when big law firms could count on bigger budgets and staff to out-muscle opposing counsel at smaller law firms. In particular, the document dump, the practice of sending as many files for review close to the start of a trial, has long been a favorite tactic for overwhelming an opponent. “It’s certainly leveled the playing field for us,” he says. “You don’t need a big team to do review. If someone dumps a truckload of boxes on you, now you can scan them, put them in a searchable format, and one person on one computer can find what you need to go into the case prepared.”

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