Bar Bulletin

Bar Bulletin

Top 10 Don’ts and Do’s To Avoid Bad E-Discovery

June 2017 Bar Bulletin

By Larry G. Johnson

When it comes to discovery of electronically stored information (ESI), it is not enough to talk about best practices.1 Litigators should be equally aware of some ingrained “worst practices” that I see happening all the time.

These bad practices usually lead to predictable trust issues that in turn spawn all sorts of needless rancor, motions to compel and calls for sanctions. These are the sorts of things that can make the practice of law so unpleasant.

So, here are my “Top 10 don’ts and do’s to avoid bad E-discovery,” not necessarily in order of importance:

1. Don’t turn searches for...

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