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Forum (Forum & Focus)

Sep. 4, 2009

Worth Discovering?

E-discovery continues to be much like the weather: ungovernable, never-ending and sometimes disastrous, writes Fern M. Smith.

FORUM COLUMN

By Fern M. Smith

E-discovery has become like the weather: Everybody talks about it, but nobody does anything about it.

Ken Withers, formerly a colleague at the Federal Judicial Center and now with The Sedona Conference, tells me that because 93 percent of all documentary evidence discovered today is in electronic format of some type, my objection is really to document discovery in general. I believe the real problem, however, ...

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