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It's Not All About Judge Scheindlin

Mark DiamondA famous The New Yorker magazine cover cartoon by Saul Steinberg depicts the world as seen from New York's 9th Avenue where 10th Avenue and the Hudson River are prominent, while New Jersey, the rest of the U.S. and Asia are only a small strip of land beyond the greater metropolis. The dialogue around e-discovery by in-house practitioners and vendors follows a similar mindset, with the e-discovery process as the center of the world and records management and other information governance disciplines reduced to small mental strips of land in the distance.

At any e-discovery conference or vendor webinar, one is likely to hear about Judge Scheindlin's latest decision, recent e-discovery sanctions, computer vs. human review and probably even more discussion on Judge Scheindlin's latest decisions. (Vendors love to talk about Judge Scheindlin.) This e-discovery conversation focuses mainly on what companies should do once litigation is upon them, and there's little talk about how companies can do a better job of controlling their information beforehand. Too much of the conversation, in my view, is on fire fighting, and not enough on fire prevention.

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Mark Diamond

Mark Diamond, Founder & CEO of Contoural, Inc., is a regular contributor to Inside Counsel on Litigation Readiness and Records Information Management. You can e-mail...

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