The Analogous World of e-Discovery, by Dan Regard
December 21, 2009
The Analogous World of e-Discovery, by Dan Regard
E-Discovery is like ... A movie.
Recently, discussions with colleagues and clients have led to the conclusion that e-discovery is like a movie. Several movies in fact. However, for today’s discussion, discovery is part of litigation and litigation is like a sports movie. I like Rocky, so think about Rocky. You may prefer another. If so, then think about Cool Running's, or Blades of Glory, or A League of Their Own.
Litigation has 3 parts. Sports movies have 3 parts.
In litigation, we learn procedure, merits and damages. In sports movies we learn about the long road to the championship game, the championship game itself, and the awards ceremony. Hmmm. Very similar. E-Discovery is the long road. It is that area that one must traverse in order to be entitled to go to the championship game. You don’t “win” on the road. But you can lose if you fail to make it all the way to the championship game. Our goal in e-discovery is often to “not lose”. To perform our obligations, to meet and confer with the opposing party, to produce documents in the trial, and to receive the documents of the others, so that we can get to the trial, the championship game. That is why e-discovery is like a movie.
Dan Regard is the CEO of Intelligent Discovery Solutions, Inc. He is a testifying expert on e-discovery issues and can be reached at dregard@idiscoverysolutions.com.