Addressing the Discovery Proportionality Challenge Starts at the Beginning: eDiscovery Best Practices

Duh!  This week’s post for IPRO’s blog may seem to have an obvious title, but the history of addressing the proportionality challenge has not been to start at the beginning – it has been anything but obvious.

The Dramatic Increase in Proportionality Disputes

According to the 2020 eDiscovery Case Law Year in Review Report released earlier this year by eDiscovery Assistant and my blog eDiscovery Today (and available for download from here), the number of eDiscovery case law rulings that involved proportionality disputes has risen dramatically in recent years, from 90 in 2012 to 889 in 2020!  That’s almost a ten-fold increase in eight years!  The number of proportionality disputes rose from 476 in 2019, reflecting an increase of 86.8% in a single year.  There were even more proportionality disputes than there were sanctions disputes last year (851), so proportionality disputes have become quite common as organizations try to apply a proportional approach to discovery to address the Big Data challenge (which I previously discussed here) while they encounter push back from requesting parties.


So, how has the proportionality challenge been historically addressed?  And how can the proportionality challenge be addressed differently to streamline the process even further and save even more costs?  And why is there a picture of a stream on today’s blog post?  You can find out on IPRO’s blog here. 😉  It’s just one more click!

So, what do you think?  How is your organization addressing the proportionality challenge?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclosure: IPRO is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.


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