Legal Books and Gavel

Linked – Judges Say E-Discovery Competency Has Stalled. But Is It Easier Said Than Done?

Interesting survey results

“The survey of 30 federal judges revealed that many continue to see a lack of e-discovery awareness in courts—only 23 percent strongly agreed or somewhat agreed that “the typical attorney possesses the legal and technical subject matter knowledge required to effectively counsel clients on e-discovery matters,” while 47 percent somewhat disagreed (none strongly disagreed).

Furthermore, while 97 percent said the legal community is better educated on e-discovery as compared to five years ago, 93 percent also viewed year-over-year e-discovery progress as “the same” or “slightly better.” This indicates that while e-discovery may be taking hold for some, it has not been the revolutionary force that some predicted even a decade ago.”

My gut reaction is that maybe attorneys did “just enough” learning to stay out of real trouble, avoiding sanctions and the “big” mistakes. Then, they kind of stopped. Which opens up the market for attorneys who really know what they’re doing to run circles around them, but it hasn’t quite happened.


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