In 2006, the Federal Rules of Civil Procedure were amended to address the issues that arise when potential evidence is stored in electronic form. Some estimates say that as much as 90% of all new information is created in electronic form, increasing the likelihood that any case will involve Electronically Stored Information, ESI, even when it doesn't involve computers directly.
e-Discovery then, is the process of requesting, collecting, reviewing, and producing ESI. The amendments have several consequences relevant to the trial attorney. It is not just filing electronically.
What is discoverable has been broadened to include any electronically stored information. Think cell phones, Blackberries, USB keys, voice and email servers-all are discoverable.
Trial attorneys now have to be prepared to discuss their client's ESI at the "meet and greet" and participate in developing a discovery plan.
Finally, clients need a Document Retention and Destruction, DRD, plan so that they are protected by the amendments' "safe harbor" protection clause.
I'll be discussing all these Issues in my blogs from a practitioner's point of view, but feel free to pose questions about any of these issues without waiting for a blog to come out.
