Somewhere There Is “Fear” In E-Discovery

The October 2007 issue of Law Technology News is the annual “EDD Showcase” and it’s chock full of great articles on the topic.

PC MonitorLaunching the issue is Editor-In-Chief Monica Bay’s excellent article entitled “An Undercurrent of Fear” (re-titled “Defuse Fear and Diarm EDD Vendors” Part I and Part II on Law.com).

Everyone always talks about the overwhelming amount of information that we all have to deal with, and that becomes the primary source for the “fear” that surrounds the e-discovery industry. But George Socha of Socha Consulting provides a level-headed quote in the article:

“The primary driver [for e-discovery] is one that rarely seems to be discussed openly – the need for attorneys handling lawsuits to determine what happened. Because that information increasingly is available primarily (or exclusively) in an electronic form, electronic discovery has to grow.”

Gregory Mazares, CEO of Encore Legal Solutions also has a good quote:

“[The panic exists] because EDD remains a huge mystery to many corporations that a) don’t understand its nuances and best practices; b) assume their long-time counsel are suddenly experts in EDD; and c) don’t know where their data exists.”

I like that quote from Mazares because I do believe that many general counsel assume that their outside counsel are “in the know” about e-discovery, but that is sadly far from the truth.

Rich Ruyle, CEO of Ipro Tech Inc. has one of the best quotes in the article, which I am going to borrow when I need some help in convincing someone of the importance of preparing for the inevitable e-discovery matter:

“We visit doctors and dentists, we purchase health, auto and home insurance, all to prevent the potentially costsly reactive situation. That same holds true for corporations and those companies that serve them.”

And lastly, Patrick Oot who is Director of Electronic Discovery & Senior Counsel at Verizon, does a bravo job in placing emphasis on retaining proficient talent for e-discovery projects in law firms:

“…the culture at many law firms dictates electronic discovery counsel and director positions as non-partner track positions. Although firm culture is shifting, many firms fail to place leadership emphasis with true decision-making power on this crucial position.”

Link to story.