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Closing the Expectation Gap With e-Discovery Technology

By Jim Gill
May 01, 2016

Chief Justice John Roberts recently said in the 2015 Year-End Report on the Federal Judiciary that the new amendments to the Federal Rules of Civil Procedure (FRCP) should “achieve the goal of Rule 1 ' 'the just, speedy, and inexpensive determination of every action and proceeding' ' only if the entire legal community, including the bench, bar, and legal academy, step up to the challenge of making real change.”

But, according to a recent survey of 14 federal judges and 22 attorneys, each weighing in on the state of e-discovery, an expectation gap still exists between what judges expect and what attorneys think is appropriate. Three themes arose from the results of this survey: 1) the impact of the recent FRCP amendments; 2) e-discovery attorney competency; 3) and emerging legal technology. All of these show that until the legal community invests more into e-discovery practices, attempts to solve efficiency and cost problems won't fix a whole lot. See, Exterro's “2016 Federal Judges Survey.”'

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