July 2, 2010, Newsletter Issue #25: Why is Electronic Discovery Better Than Providing Hard Copies?

Tip of the Week

Electronic discovery requests are becoming more extensive as more firms use electronic means of communication and electronic storage of documents and discovery. Electronic discovery also saves on paper and the accidental loss of hard copies of documents.

When an electronic discovery request is forwarded to a firm, the firm must provide the requesting company with all electronic documents, including emails, scanned discovery, electronically stored pleadings, correspondence, and other court papers. Some electronic documents, especially email correspondence between the attorney and the attorney’s client, may not be discoverable. These documents and other confidential documents must be separated from electronic documents that are discoverable.

Once the electronic discovery is separated, discovery and other discoverable documents are provided to the requesting counsel. Documents may be printed by the receiving counsel, thereby saving mailing costs and the cost of drafting letters requesting copy fees. It also saves time as the legal staff does not have to count each page copied.

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