3 Responses to What If You Had To Choose Between Not Taking Depositions and Not Doing e-Discovery?

  1. Ralph Artigliere says:

    Ralph,

    The lack of understanding of and skill in e-Discovery among most trial lawyers is an impediment to justice for their clients. The gap in knowledge will need to be overcome not only to secure full application of the truth to legal disputes but also so the cost of litigation can be reduced to acceptable levels. Litigation and trial skills must sufficient to economically and efficiently get to the truth. Proportionality and discovery management means that sometimes E-Discovery may be more efficient evidence than hours of worthless depositions. Only a small fraction of the hundreds of hours of depositions in a given case usually lead to admissible evidence or even impeachment material.

    How did we get to this place in civil discovery? As a judge, I watched lawyers in criminal cases successfully take on witness after witness without having deposed them. Our culture in civil cases of deposing every witness ad nauseam before facing them in trial is more a security blanket (or– more cynically– a fee-generator) than a necessity. Proportionality in depositions would seem to be a more reasoned course, would it not?

    As for “Mr.” Bieber, perhaps the deposition should be taken under the supervision of a judge or magistrate. I think his attitude might be adjusted in real time.

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    What If You Had To Choose Between Not Taking Depositions and Not Doing e-Discovery? | e-Discovery Team ®

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