E-discovery best practices for your practice, Step 3: Cooperation

Cooperation is of the utmost importance, and it happens best when you actually talk to your opposing counsel

You have survived Step 1 and Step 2, and you are now ready to produce ESI to your opposing counsel. But before you do, there are some things to consider about cooperation with counsel. While it may not seem there is anything about cooperation worth discussing, think again. Attorneys will try the court’s patience by failing to cooperate with one another, necessitating motion practice over discovery about discovery. The last place you want to be is standing before a judge explaining that you were unable to agree with opposing counsel on how to exchange ESI. Judges do not look fondly upon attorneys who can’t get along.


Contributing Author

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Kate Mortensen

Kate Burke Mortensen is a senior discovery consultant with Xact Data Discovery. A former practicing attorney, she has 12 years of litigation experience representing individuals...

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