Keeping Up With E-Discovery

As many businesses trade in bulky filing cabinets for paperless record keeping, a burgeoning trend has appeared in the realm of legal discovery: electronic discovery, also called “e-discovery”. Where electronic communications and document retention systems have made businesses work faster and easier, they have complicated the already detailed process of discovery.  Just think of how many business e-mails you send and receive in an average day, or how many times you revise an electronic document.  Did you realize all of these items might be subject to discovery?

E-discovery offers distinct pros and cons to the discovery process.  Although electronic records create much more discoverable data, e-discovery remains a useful tool because these documents are more easily searched, organized, and stored than boxes of haphazardly stored papers.  The problem is, electronic records produce so many discoverable documents that businesses may require extra time and money to accurately fulfill e-discovery requests.  Businesses may even need to turn to an outside vendor to most efficiently gather the data.

Because of the time and effort involved, the Federal Rules require legal parties to address and agree on e-discovery matters as early in the case as possible.  At the center of this agreement should be an understanding of the parties’ duties to preserve discoverable records at the moment the complaint is filed.  That’s why it’s important to immediately hire an attorney on your side.

At Hornberger & Brewer, our skilled professionals stay up to date on the latest e-discovery rules.  Our attorneys also offer skilled and compassionate hands to steer your case in the right direction.  Whether your case involves business litigation, commercial litigation, employment labor law, or wrongful termination—even personal injury or wrongful death, let us help guide you through the process.

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