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Taking a More High Tech Approach At Your Legal Practice

Posted By Administration, Monday, July 24, 2017

When an attorney makes a request for discovery it can be quite a while before documents start slowly being shared. These files can be incomplete, both accidentally and unintentionally, making it harder for attorneys to prove their cases and causing legal proceedings to be delayed. E-discovery is known throughout the legal industry, but it has not yet been applied by all courtrooms and practices. In order for e discovery to be admitted in a case, a computer expert will usually need to testify to the facts and explain what steps were taken in order to reveal hidden files, trace internet histories, and recall deleted files. Although this form of discovery is new, it is a process that significantly takes the guess work out of difficult legal proceedings. Fewer fact witnesses are necessary when you have authenticated computer data that supports your legal claims.

How is E-Discovery Executed?

Sometimes a court order is needed to complete e-discovery, especially if the computer you want to access is in the possession of an opposing party. Once the targeted computers are in your possession, it is analyzed for the type of data you are searching for. In cases revolving around accused fraud and embezzlement, for example, a computer technician would pay close attention to hidden email addresses and bank accounts that were accessed. Sometimes the data you are seeking has been scrubbed clean, but with e-discovery, it can be recovered.

Is E-Discovery Cost Effective?

Compared to going through physical papers during the discovery process, e-discovery is highly cost effective. Attorneys sifting through paper documents sent by opposing parties have to tabulate everything and find out if everything requested has been accounted for. Paper files can also get mixed up and lost, so a firm might lose time trying to locate extremely important documents that they need to mark as exhibits in court. The results of e-discovery are sent digitally, so there’s no chance that any part of it will go missing.

What Can be Found During E-Discovery?

Your firm may believe that important evidence exists on the computer of a litigant, and thus files a motion for e-discovery. If you are successful, you will find the missing key to your case as well as even more information you never suspected was in existence. Sometimes, going through e-discovery can be enough for opposing counsel to offer a settlement agreement just to avoid having to go into court and answer to a judge. Because e-discovery is not yet widespread, making a request for it can be a very big surprise to a litigant who is hiding crucial evidence.

Keep your desk cleaner and impress your clients by using e-discovery to resolve pending litigation more quickly. Your support staff will also be better able to assist you when they spend less time needing to organize files. E-discovery may not be appropriate for every case, but it can have a huge impact on your law firm as a whole.

Read More On: eDiscovery Services


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