ESI Searches: Getting to the Drive

ESI Searches: Getting to the Drive
By Craig Ball
Law Technology News
May 2, 2007

Traditionally, we’ve relied on producing parties to, well, produce. Requesting parties weren’t entitled to rifle file cabinets or search briefcases. When evidence meant paper documents, relying on the other side’s diligence and good faith made sense. Anyone could read paper records, and when paper was “deleted,” it was gone.

But, as paper’s given way to electronically stored information, producing parties lacking computer expertise must blunder through or depend upon experts to access and interpret the evidence. Lawyers get disconnected from the evidence. When discoverable ESI resides in places where the opposition can’t or won’t look, how can we accept a representation that “discovery responses are complete”? When there’s a gaping hole in the evidence, sure, you can do discovery about discovery.

For the whole article, see Law.com.

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