Today, IAALS also released publication entitled Electronic Discovery: A View from the Front Lines, which provides a snapshot of the world of e-discovery 18 months after the new Federal Rules went into effect. Drawing from interviews and the expertise of more than 20 “virtual advisors,” including federal judges, trial lawyers, business leaders and IT professionals, Front Lines offers a real-time analysis of the challenges that litigants and potential litigants face in this new environment. Front Lines examines how the unsettled state of e-discovery law has made it hard for businesses and others to prepare for e-discovery and how under-preparation can lead to expensive, damaging mistakes that cause lawsuits to be decided on technicalities, rather than on their merits. Front Lines also reports on the expense of e-discovery as well as the fear and confusion it has caused among the business and legal communities: fear and confusion that has led to vicious spending cycles and sharp litigation tactics. Front Lines concludes with a call to action and asks everyone to consider whether we will deem the costs and effects of e-discovery to be acceptable long-term, or whether instead we will recognize e-discovery as the latest and most obvious symptom of a civil justice system that has become too costly, time-consuming and difficult to navigate for most litigants.
Both publications are now available for download on the IAALS website: www.du.edu/legalinstitute/.
Justice Kourlis will be speaking about e-discovery at the Institute for Legal Reform’s “Drowning in Documents” conference on July 30th. The conference will explore the explosion of discovery and its impact on the fairness and efficiency of American courts. Registration is now open for the morning discovery conference or the employment litigation event that afternoon.