E-Discovery: 3 scenarios that require an e-discovery consultant

When resources are stretched and litigation is complex, in-house counsel should seek help.

As we approach the fifth anniversary of the 2006 e-discovery amendments to the Federal Rules of Civil Procedure, the words “electronic discovery” still inspire fear and loathing for many in-house counsel. The routine, low-cost preservation, collection and review of electronically stored information (ESI) envisioned by the drafters of the 2006 amendments remain elusive goals for most litigants, and the frequent sanctions battles over e-discovery have only heightened the stakes for in-house counsel.

An entire industry of electronic discovery consultants stands ready to allay in-house counsel’s fears in exchange for what can be substantial fees. In the current economic environment, however, in-house counsel must ask, when is retaining an e-discovery consultant worth the expense? This question has become even more relevant as in-house counsel and IT managers gain increasing sophistication and experience in addressing e-discovery. Law firms also are marketing their own attorneys and IT professionals as an alternative to retaining a separate e-discovery consulting firm.


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Matthew Prewitt

Matthew Prewitt is a partner in the Chicago office of Schiff Hardin, where he concentrates in complex litigation and also co-chairs the firm's Trade Secrets Client Services...

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