Tuesday, August 30, 2011

eDiscovery Rules: What's Really Required for a Meet and Confer?




http://ow.ly/6gxKI

Article by Doug Austin, on the eDiscovery Daily Blog.

This article outlines items that are required for discussion at a proper Meet and Confer conference, under FRCP Rule 26(f).

As the author points out, "Rule 26(f) states that attorneys must meet and discuss "any issues about preserving discoverable information" as well as developing a "discovery plan." It also specifies that:
Attorneys must already be aware of the location and nature of their own clients' computer systems and discoverable documents, and must be prepared to ask questions about their opponents' ESI, electronic systems, and data preservation actions.
In order to be fully prepared for this conference, an attorney needs to know as much as possible about the location, volume, and logistical challenges that surround the collection of ESI, as well as the client's preferences regarding privilege, protective orders, and document review.
The more informed the attorneys are on each of these counts, the more capable they will be to address relevant issues, streamline the discovery process, and minimize eDiscovery costs.
Attorneys may exchange either in-depth or limited information about the legal holds process.
The result of the "meet and confer" conference is to establish a comprehensive discovery plan and lay the groundwork for the discovery aspects of the rest of the proceeding."




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