IT-Lex Member and eDiscovery Hall of Famer Craig Ball recently released the first draft of his ‘Lawyers’ Guide to Forms of Production’. As regular readers of this site will know, this is a hot-button issue these days – just last week we posted about another case where form of production was central to the dispute. As Craig writes on his blog:
Everyone benefits from better informed discussion of forms of production. Most forms specifications are rote and callous. Wanting to get discovery served, requesting parties trot out legacy language ill-suited to modern digital evidence, then rue same when they wake to all they’re missing–often too late to change course. Producing parties (actually, their lawyers) expend princely sums converting functional ESI to degraded forms for review and production, little realizing how this bloats discovery budgets all along the way. Driven by fear and ignorance, lawyers eschew better, faster and cheaper methods while scrabbling to hold on to the dubious advantages of archaic approaches. My hope is that the examples in this primer will seep into thousands of requests, becoming the catalyst for more-useful and -timely discussions about utile and economical forms and helping to end perhaps the most persistently poor conduct seen in e-discovery today.
The full 68-page PDF is available to download and read on Craig’s blog. If you have even a passing interest in eDiscovery, we’d recommend that you go and check it out.