e-Discovery California AB 5: Judges Weigh In

[Skates]

I attended West LEGALworks Thursday and Friday. The Judges' panel had a lot to say about AB 5 and e-Discovery in general, so I thought I'd share...

e-Discovery Insights: Dancing 'Geek to Geek' - Judges' Panel Weighs in on California AB 5, 'Train Wrecks' and the 'Mayflower'

[David Jordan]

Skates, you presented a number of interesting nuggets in your coverage of the judges panel discussion on e-discovery.

Impeachment Log

For example, the impeachment log idea is intriguing. You wrote:

A major issue is how to handle privileged documents. For example, I don't want to turn over to the other side a document that contains information I'm going to use to impeach my adversary. That's easier when you're talking about a paper document, but not so easy when the particular statement you need is buried in a 20-page email thread between multiple custodians that contains other relevant statements.

Judge Duffy-Lewis' solution was to create something called an Impeachment Log. The attorneys submit the documents to her, then she makes the determination, preserving the privilege. Brilliant!

Expense of E-Discovery

I agree with Judge Wistrich's concern about the cost of e-discovery increasing. You noted that he

is "concerned" that e-discovery is going to end up adding another layer - experts - to the front-end of the process, further bogging it down.

It's bad enough for parties that lawyers are so expensive. Now add e-discovery experts as a routine cost of litigation and lawsuits become a serious problem for those without much money.

It was very interesting to read the various comments by judges. Thanks for the excellent report.

[Skates]

Thanks again, David.

The "Impeachment Log", from an evidence standpoint, was definitely 'exciting'.

Also, expenses are a double-edge sword. On the one hand, none of us want to run up costs. On the other, I'm the guy they'll be paying!

Honestly, my "selling point" to my clients is that with me, they get two-for-one - and in these tough economic times, that's a big deal.