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ARTICLE · 18 MAY 2001

Electronic Discovery 2000: Gone But Not Forgotten

United StatesLitigation, Mediation & Arbitration

Somewhere out there it’s happening: A letter is thrown away; a memo is poorly written; a notepad scrawled on. While you sit reading legal magazines, future clients and adversaries are unwittingly creating records that one day will cause you to pull your hair out in frustration or high-five in triumph.

And there’s nothing you can do about it. Well, almost nothing. At least you can drag your antiquated discovery skills into the 21st century.

The explosion of communications technology ensures clients are making damning admissions in ways they never did before. Hopefully, their opponents are, too. As a legal professional, it will be your job to find out. The trouble is, law firms are notorious for being behind the times. Indeed, they pride themselves on it. (Ever wonder why English barristers still wear wigs?) Many legal professionals wear computer illiteracy as a badge of honor instead. But the simple fact is that without a basic understanding of current technology, no legal

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