Who explains eDisclosure sources to the lawyers and the court?

http://ow.ly/8fuuJ

An article by Chris Dale on the e-Disclosure Information Project website.

This article discusses another writing by Jon Resnick entitled, "Who is your eDiscovery MVP?".

Mr. Dale's article states, "Jon Resnick raises the spectre of a contentious Rule 30(b)(6) deposition in which “opposing counsel may try to find ways to discredit your organisation’s eDiscovery practices and lay the groundwork for further investigations of those practices”. Whilst it is right to say that this is relatively rare in UK proceedings (mainly, I think, because UK judges have a duty of active management where most US judges see their duty more as arbitrator of whatever disputes the parties bring before them), potential exists for expensive and time-consuming battles in which ignorance of your own client’s systems is a decided handicap."

The article further states, "US magistrate Judge Andrew Peck, one of those who really does understand both the eDiscovery rules and the difficulties facing lawyers and their clients, talks of the value of involving an IT expert, whether someone from the clients or an outside consultant, in the discussions about eDiscovery – “bring a geek to court”, he says, so that meaningful discussions can take place which may pre-empt expensive applications and help all parties and the court to arrive at a proportionate conclusion. Jon Resnick’s article draws attention to the same thing. You do not need the fear of US-style spoliation sanctions to see the sense of this passage:
a competent witness may be able to explain why the expense or burden associated with collecting a certain type of ESI renders that data not reasonably accessible and thus beyond the proper scope of discovery. In short, the deponent may be able to set opposing counsel’s expectations about the feasibility of e-discovery in your matter."

The article also discusses the role of eDiscovery questionnaire used in the UK, the "eDiscovery Practice Direction 31B CPR", and provides a link to that form.