Litigation Case Management: The Impact of Electronic Evidence on Litigation Preparation and Practice

This article is an abridged version of an article Mr. Sutton presented as Course Leader at Federated Press' 4th E-Discovery Program: Best Practices and Procedures Relating to E-Discovery, March 1 & 2, 2010, Toronto

The electronic era continues to transform business and society and the volume of electronic information continues to grow. By one estimate, mankind created 150 exabytes (billion gigabytes) of data in 2005. It is expected that mankind will create 1,200 exabytes in 2010¹. For lawyers, a failure to adapt to the electronic era by developing and applying project management skills and tools to effectively work with clients to manage electronic evidence will be professionally fatal. For those who lead the way in the collection and use of electronic evidence in ways that provide value to their clients, the rewards will be significant. Similarly, clients that develop and implement electronic record management policies and practices stand to benefit the most from