What are the e-discovery skills you should demand from retained litigation counsel? Let’s see if we can boil the answer down to seven key principles.
1. Demand e-discovery expertise from the top. E-discovery starts at the top of the law firm litigation team, not the bottom. Don’t pay top dollar to trial attorneys who offload their e-discovery to junior partners, who then delegate the e-discovery to associates, who then pass off the e-discovery to litigation support professionals. The partner trying the case needs to take responsibility for a quality e-discovery practice. If that partner does not “do” e-discovery, the case will devolve into a fractured world of compartmentalized skills, where the most important case information—the data—is viewed as alien territory by the most important member of the team, the actual trial attorney.