Monday, May 16, 2011

E-Dicovery Ruling Could Prove Costly

In a case that favors well-heeled litigants, a Pittsburgh federal court equated e-discovery costs with "making copies" and ordered a plaintiff to pay $367,000 in electronic copying charges.

E-experts are taking advantage of the legal marketplace by overcharging clients for their services. Many of these "so called" experts just push buttons to software programs they don't understand. Other e-experts charge exorbitant per diem fees for electronic paper shuffling.

A wealthy litigant can bear the costs of these over-priced keyboard jockeys, knowing that if they prevail, they can saddle these costs onto the losing party.

Our solution--hire your own e-expert and have him/her do as much as possible in retrieving the electronic files. For example, if a hard drive is to be imaged, have you own expert perform this task on a laptop computer that is physically produced pursuant to a discovery request. If you are requesting email records from a file on the other party's server, request information about the server's operations and the storage of emails and have your expert give precise instructions on the downloading of emails.

If you have e-discovery issues, give us a call. We can help.

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