August 2006

Defending Your Process and Attacking Your Opponent’s

By Matthew Blake

Lawyers are trained to practice law, but they are also expected to listen — to their clients, to witnesses, to their opponents and to the court and regulatory agencies for instruction. That crucial listening skill should extend beyond what is said to things that are implied or left unspoken (would only that this advice were heeded in general!).
Those listening skills are especially critical when it comes to covering all the bases for electronic data as a component of discovery; the field is still so new for clients and courts alike that many people just don’t understand what is involved in an e-discovery request. Clients rarely pay attention to the specific wording of requests or the accompanying instructions, and rely on their legal counsel to tell them what they are being asked to produce. That means the burden of covering all those bases falls most heavily on the lawyers.

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