Do New e-Discovery Rules Favor the Defense?

What causes the most problems in e-Discovery — bad attitudes or ignorance? The answer depends on who you ask.

Judges by an overwhelming margin, 72 percent, blamed “no or poor cooperation between parties” as the primary source of e-Discovery problems. That compares to 23 percent of attorneys who agreed, in a survey conducted by the e-Discovery company Exterro .

The difference in opinion may point up an actual difference in the way judges and attorneys view discovery breakdowns; of course, it may be a sampling error due to the small size of the data set: The survey polled 14 judges and 22 e-Discovery attorneys, which ...