Discovery costs are often the single greatest expense in litigation, particularly when the total impact, including the opportunity cost of employees identifying discoverable documents instead of performing their jobs, is considered. This column focuses on how to intelligently manage discovery during litigation, building upon the lessons from previous columns.
The fundamental discovery task for the producing party is locating potentially responsive documents and materials, whether in the form of electronically stored information (ESI), paper or other media such as microfiche. The bygone days in which rooms of young associates manually reviewed each page of paper documents are never to return. The dramatic increase of ESI within the last decade has both aided and hindered the search for relevant information.