E-Discovery

In 2007, Fulbright & Jaworski reported in their fourth annual litigation trends survey that at least 17% of small corporations have a lawsuit pending of at least $20 million dollars. Ninety-eight percent of the mid-size corporations reported having between 1 and 20 lawsuits pending of at least $20 million. Eighty percent of the largest corporations reported of having up to 20 lawsuits pending over $20 million.

Benefits to Discovery

• Preserving evidence for trial
• Providing a basis for pre-trial motions
• Narrowing issues at trial
• Promoting out of court settlements
• Avoiding surprises at trial

Drawbacks to E-Discovery

• Costs
• Discovery overkill
• Discovery disputes
• Discovery abuses

E-Discovery is Discovery. The only difference is that E-Discovery concerns itself with all of the pieces of electronically stored information (ESI) throughout your business. This could be everything from e-mail, instant messages, file servers, voice mail and even key card reader logs.

How do I prepare for E-Discovery?

The best way to prepare for E-Discovery is to start now. Waiting for that eventual day when your business is served notice of a pending law suit could be disastrous.

Using the E-Discovery Reference Model as a base, Szucsko Consulting can help your business create the needed Records Management Policy necessary for a successful litigation outcome.