Bar Bulletin

Bar Bulletin

Avoid Disputes With an E-Discovery Referee

January 2023 Bar Bulletin

By Larry G. Johnson

Why do sports events have referees? Silly question, right? Things would otherwise turn to chaos.

Chaos from e-discovery in litigation is not hard to come by. With some 90% of trial practice devoted to discovery and motions about discovery, litigation often is indeed boxing without the referee. We call it, after all, an adversarial system.

Sometimes it feels more like war.

The problems are almost always about trust: Is the other side cheating? Frequent questions crop up, such as: Were adequate technologies and search term strategies employed? Were claims of privilege and work product well founded? What data repositories were overlooked, and why? Does the...

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