Bow Tie Law discusses an interesting case involving an ediscovery dispute.  Unfortunately, the plaintiffs made a motion to compel before even reviewing the defendant’s production.

What was agreed upon was that both parties would provide responsive custodian lists, and that emails between the parties would be produced.  The plaintiffs wanted hard drives imaged, network shares produced, and didn’t even bother to review the emails.  Of course, the cost of hiring a computer forensics expert is burdensome if the scope of the case does not warrant it.  I don’t know what was involved in this particular case, but not even glancing at the responsive documents is mildly embarrassing.

This case shows that ediscovery needs should be addressed far prior to the discovery process.  Unless document management software reduces the burden on producing parties, no firm should be required to go to such extreme lengths in litigation.

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