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How the Economy Is Affecting Electronic Discovery

With the economy in a tailspin, what's the future of electronic data discovery? Over at Law Technology News, columnist Craig Ball writes that, like any other company in this recession, EDD vendors are vulnerable to bankruptcy or business failure. For that reason, Ball cautions that law firms using EDD services need to undertake due diligence and assess their "exposure, mobility and disaster recovery strategy." At a minimum, firms must consider the following questions:

    • Do they have the only accessible copy of any evidence?

    • Do we have a complete copy of our vendor's work-product in a format we can use?

    • How will we handle the inevitable delay occasioned by the flight of key personnel or outright failure?

    • What becomes of our data in vendor hands in the event of bankruptcy or failure?

Law firms are responsible for guarding client confidences and data. As such, lawyers have due diligence obligations when it comes to entrusting data to EDD vendors. Though firms can't eliminate the risk of EDD failure, Ball says that firms can manage it -- "by doing [our] homework, asking hard questions, educating our clients and planning for the foreseeable and the formidable."

Posted by Carolyn Elefant on January 27, 2009 at 11:17 AM | Permalink | Comments (0)


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