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Examining E-Discovery Statistics: 2 Common Sense Ways Attorneys Can Improve E-Discovery Practice

Created on June 15, 2018

E-Discovery Market Analyst at Exterro

Exterro's State of E-Discovery 2018 report pulls together a wealth of statistics from a wide range of surveys, reports, and polls on e-discovery topics, mostly from the the past year, so there are actually a wealth of topics this week's installment in our data analysis series could discuss. After all, the report tackles a broad range of topics and looks at how e-discovery practice has evolved over the past few years. 

But the point of the analysis isn't so much to dissect the past as it is to provide a means to continue improving e-discovery practice in the future. And with that goal in mind, there are two particular data points that seem valuable to e-discovery practitioners--two areas where federal judges have identified opportunities to improve e-discovery practice today. 

First, judges don't find typical attorneys to be well-prepared to counsel clients on e-discovery issues. 

As more and more states (the count is up to 31 now) adopting standards attorneys to have technology competence, the path forward is clear. Attorneys who wish to practice law must understand the fundamentals of e-discovery. 

Means to improve e-discovery #1: Learn the technology--at least the basics.

Even though a lack of familiarity with e-discovery technology is a problem attorneys should address (from the judges' perspectives), it's not the biggest problem with the practice of e-discovery today. That, the judges believe, is the lack of cooperation between opposing parties engaged in litigation.

60% of judges picked this lack of cooperation as the biggest cause of problems in e-discovery today. For attorneys (and other e-discovery practitioners), the message is clear.

Means to improve e-discovery #2: Cooperate more.

For more insight into where the e-discovery industry is today, download Exterro's State of E-Discovery 2018 report.