Sometimes It Pays To Be In The Minority. . .

When it comes to electronic discovery, that is. A recent survey cited in a New York Law Journal article indicates that many corporate counsel lack preparation for e-discovery issues in litigation.

In a survey by e-discovery consultant Lexakos, almost 55% of those surveyed said their companies needed to spend more time developing e-discovery and litigation readiness plans. Another 52% said they needed to improve their litigation hold procedures. If you are in the 45% and 48% minorities that are already prepared for e-discovery, pat yourself on the back and go on about your day. If you are not, read on.

In more encouraging statistics, of those surveyed by Lexis Nexis at an annual Association of Corporate Counsel meeting, 44% said their companies had not been prepared for the new e-discovery rules, but 61% said they were at least somewhat confident that they were now compliant. While 61% is certainly a majority, that still leaves 39% of respondents lacking confidence in their companies’ compliance with the rules. 

The article goes on to discuss that, while creating systems for handling electronic document production can be costly, in the long run litigation expenses are saved when a system is already in place. 

If you and your company are not currently on the right side of these statistics, now is a good time to take steps to ensure that you will be the next time the numbers come out.


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