There's a new "Thinking E-Discovery" column up at Discovery Resources: "Why Aren't More Lawyers Doing Electronic Discovery?" by Dennis Kennedy, Tom Mighell, and me. It opens with this comment by Kennedy--
I read yet another article recently that pointed to the discovery of email in the Microsoft antitrust case as the "wake-up alarm" for lawyers on electronic discovery. Does that mean lawyers have been hitting the snooze alarm on electronic discovery for the last five or six years? Even the most enthusiastic advocates of electronic discovery techniques will tell you that electronic discovery is used in perhaps 1% or 2% of all cases. That raises our question for today: why aren't more lawyers doing electronic discovery? First of all, do we all basically agree with the 1% to 2% figure?
After you read this question, ask yourself this question: "Are you keeping up with the changing landscape of electronic discovery?" It's certainly not easy to do. But it's not impossible, either.