The discovery of digital information is loaded with potential pitfalls and failure unless the parties add two ingredients to the mix: cooperation and collaboration. Lacking those ingredients, e-discovery is often a challenging experience for lawyers.
The problem to overcome is the approach that some lawyers take, which at times favours competition over cooperation. Add to the mix a client who expects her lawyer to win everything, every time. This approach can become a recipe for disaster.
New technologies, such as predictive coding, are being heralded as the savior of runaway e-discovery costs. However, these technologies are not the secret ingredient. In today’s digital world, a resistance to collaboration adds to the difficulty and expense of e-discovery. We recommend that instead, lawyers try the cooperation and collaboration approach. One never knows what the recipe might yield.