E-Discovery: Is Your Construction Business Prepared?
E-Discovery: what is it? In short, it is described as the production of data which deals with information in electronic format also referred to as Electronically Stored Information (ESI).
ESI is at the crux of almost all protracted litigation. In some states it is widespread (WA) and in some others it is on the rise (LA). But one thing is for certain, the pursuit of ESI will one day become commonplace and standard.
One area of law where it is vital is in construction law, where daily communications and impressions are often vital to the success of a case.
Firms such as ours, Wolfe Law Group, LLC, persistently pursue ESI to locate these communications. Obtaining ESI allows lawyers to determine the extent of alteration to files, ensuring that information is tamper-free.
But, ESI is costly and the process used to obtain this information can drive businesses into a financial rut during litigation.
Attorney Elizabeth Scully, reporting for the American Bar Association Journal provides:
"With the growing use of electronic discovery, the process of preparing for a lawsuit is considerably greater than it was just a few years ago. This comes at a time when the volume of litigation is either flat or dropping ... It makes logical sense that the cost associated with e-discovery may be one of the things changing the numbers."
So, what can you do? Luckily there are several solutions on the market.
For larger companies, ESI provider Case Central might do the trick. They provide customized programs and monitoring plans to meet your needs. Their Early Case Management software is most intriguing. This program plans for litigation by preserving data related to a specific dispute.
For those looking for assistance on the cheap, you can customize your own in-house software to better perform and maintain files. Utilizing certain options in your Entourage or Apple Mail software might help to do the trick to preserve emails.
Also, you can refer to some of the ideas put forth in the article by attorneys Frederick Chockley III, Elizabeth Scully, and Rebecca Barnes of LegalTimes.com, which is found here.
If you are concerned about ESI and its potential effect on your litigious rights, please persuse the K&L Gates blog on the subject located here. The firm provides up to the date insight on the changing face of ESI.
There is no denying the onset of ESI. Be prepared and the cost will not sink your litigious hopes.
