Electronic Discovery Lawyers

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What is Electronic Discovery?

Electronic discovery is a pre-trial phase in which each party can request the production of electronic evidence from the other party.  During electronic discovery (or ediscovery), electronic evidence such as documents, emails, data bases, web sites and digital photos are turned over to opposing sides for examination.  Ediscovery can be a lengthy and costly process as thousands of documents can be stored on a single computer.

Who Does Electronic Discovery?

Electronic Discovery can be done by an attorney.  However, ediscovery is extremely technical and complex due to things like file encryption and password protection.  Additionally, ediscovery is difficult due to the sheer volume of computer generated information.  As a result, more and more lawyers are turning to specialists to conduct ediscovery.  Many companies now specialize in sifting through mountains of data in order to find evidence that will be valuable at trial.

What Rules Govern Electronic Discovery?


Electronic discovery is regulated by the Federal Rules of Civil Procedure (FRCP).  In 2006, the Supreme Court approved amendments to the FRCP concerning electronically stored information.  Additionally, most states now have rules concerning ediscovery, most of which closely follow the FRCP.  As technology changes and more and more information becomes stored exclusively in an electronic format, the laws concerning ediscovery will need to evolve in order to ensure that electronic evidence remains accessible and available.

Do I Need a Lawyer for my Electronic Discovery Issue?

If you or your business is facing the prospect of conducting ediscovery, or having to turn over electronic information for discovery, you are already engaged in legal battle and should already be represented by an attorney.  If ediscovery becomes an issue in your case, you and your current attorney need to contact a lawyer who is experienced in ediscovery.  Many companies now specialize in electronic discovery and can be a valuable asset during your pre-trial discovery phase.  Your ediscovery specialist will be able to request and obtain the electronic evidence that is likely to help your case.  They will also be able to help you sort through the inevitable mountain of electronic evidence to find what you need to make your case.  Additionally, your ediscovery attorney will help protect your rights by telling you what electronic evidence you do and do not need to turn over to the opposing side.

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Last Modified: 05-06-2011 04:25 PM PDT

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