February 2023 Bar Bulletin
By Larry G. Johnson
Thanks to mediations as well as Washington’s Mandatory Arbitration Rules (MARs), many personal injury and wrongful death cases are resolved quickly and economically. Reasons often advanced for such ADR success include the avoidance of expensive discovery, especially e-discovery and related expert witness fees.
But are those reasons sometimes based on laziness or ignorance, with clients getting short-changed? Virtually all evidence these days exists exclusively in electronic formats. How far do lawyers look into the low-hanging “digital fruit”?
There is much both the plaintiff and defense bar can do to keep e-discovery inexpensive and effective.1 And you and/or your properly trained...