Cutting Corners On Electronic Discovery Can Be Disastrous

"Rhoads was the first case in the Eastern District of Pennsylvania to apply the newly enacted Federal Rule of Evidence 502 to inadvertent disclosures of privileged electronic communications. As such, the court signifies that although an IT consultant and Publish Postware program are crucial to adhering to Rule 502, it is not enough to rely upon technology. It is the lawyer's responsibility to check for privileged documents.



Similarly, as the court made clear in its opinion, skimping on costs is like cutting corners: a mistake. Discovery in a complex case is simply not the time for a client to be frugal. Indeed, legal time and fees spent in avoiding mountains of motions and discovery disputes are worth the investment.



Along the same lines, experienced lawyers must dedicate an appropriate amount of time teaching inexperienced lawyers the nuances of electronic document review. The stakes are too high and the potential consequences too grave to not do so. Much like the BlackBerry has changed the face of communication, so too has e-discovery changed the face of litigation."



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