The first rule of successful lawyering is that one must be a
zealous advocate for his or her client. While this mantra is
essential to best practice, it should not be followed to the
exclusion of traditional trial etiquette. This was the message
propounded by the Honorable Nan R. Nolan of the United States
District Court for the Northern District of Illinois in her recent
order calling for collaboration and cooperation during
eDiscovery.
In Kleen Products, LLC v. Packaging Corp. of
America, Plaintiffs brought a class action suit against
manufacturers of containerboard charging antitrust violations under
Section 1 of the Sherman Act. The first of many disputes in
the litigation concerned the use of predictive coding technology, a
form of computer-assisted review used to aid document search and
production. Plaintiffs sparked this debate when they asked
Judge Nolan to order Defendants to revamp their system of
production to employ a specific kind of content-based
