Josh packs so much “right” into this little paragraph.
“Attorneys should ask their clients whether they have used personal email to conduct business. Another topic is whether a person has a Gmail account used for Google Drive that is connected to their business. Asking these questions can avoid unpleasant surprises that can turn into a motion to compel.”
Heck, attorneys need to be asking a lot more than I suspect they do. IMHO, if they did ask more about where people share and store data, they’d be leading the charge for solid Information Governance practices to become widespread. Because if they really knew about how people communicate and work with data, they’d realize how much they probably miss when it comes to eDiscovery.
Then again, maybe they don’t want to know?