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Your Outside Counsel May Be Giving You Bad E-Discovery Advice

Sometimes, law firms’ interest conflicts with that of their clients’ when it comes to e-discovery.

Many companies often turn to outside counsel for advice to improve their e-discovery capabilities and become litigation ready. Unfortunately, they do not always receive good advice. (Disclaimer: my company, Contoural, provides litigation readiness and other services, occasionally competing with law firms.)

In 2006 when the amended Federal Rules of Civil Procedure impacting e-discovery were adopted, there was a gold rush mentality and many law firms, especially many of the larger ones, realized that e-discovery was a potential source of additional revenue. They developed their own e-discovery practices, including collection, data processing and review services, often competing against some of the more traditional e-discovery vendors. They touted their e-discovery services as “your law firm knows best.”

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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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