How is Electronic Discovery impacting the legal profession?
Federal Rule of Civil Procedure 26(a)(1) requires disclosure of documents, data compilations and other tangible things that the parties may use to support their claims, defenses or damages computations. Although FRCR 26(a)(1) requirements are seemingly straight forward, the process of identifying and locating responsive documents and data has become more complex as people and companies continue to shift their information transmission and storage functions from paper to electronic media. As a result, attorneys must now frequently call on electronic discovery and computer forensic experts to assist in the preservation of electronic information at the outset of litigation, as well as in the gathering of documents responsive to Rule 26(a)(1) and other discovery requests.
