But not all lawyers are technologically incompetent. Ralph Losey recently commented in his eDiscovery Team Blog (http://ralphlosey.wordpress.com/) “Some experts believe that attorney incompetence in e-discovery is so widespread that it presents a massive ethical crisis across the entire legal profession.”
In my travels around the country I have found this to be true…and I’m not just talking about corporate counsel. Many Plaintiff’s attorneys have the attitude that knowledge of eDiscovery strategies and even more, knowledge of a defendant’s technical infrastructure is not whats going to win a case.
Based on comments and records from many of the successful plaintiff’s lawyers I have dealt with, that is far from the truth. Many cases, including famous ones, have been won or lost on how eDiscovery requests are created and how defendants react to them.
A Plaintiff’s strategy should include not only collecting data that bolster their case but also constructing a discovery request that takes advantage of the defendant’s data infrastructure weak points. A defendent’s strategy should include putting processes, procedures and automation in place ahead of time to shore up their infrastructure records management inadiquicies.