The problem is that to many people involved in litigation, this is too much work:
“When requesting parties want all search hits in an email mailbox containing a common search term, they are asking for trouble. Requesting communications between specific people, over a set period of time, regarding specific subject matter, is one way to draft narrowly tailored requests meets the goal of asking for relevant information. “
Josh is correct, as always. But, in order to get to those tailored requests you have to understand what it is you’re trying to get in terms of relevant information. Too many people simply want to “collect” and figure it out later, the same way they do when issuing litigation holds to their clients.
Of course, it makes no sense in either case.
As long as clients are not pushing back though, lawyers will continue to act this way. Clients need to be making sure their counsel does the work to avoid this kind of situation, which means doing their own work in monitoring their outside firms.
Not doing the work is going to cost, one way or another.