eDiscovery rules! See what I did there? 😉 When it comes to speaking legal in eDiscovery, as this article by Cobra Legal Solutions illustrates, there are seven eDiscovery rules to know!
Their article Speaking Legal in eDiscovery: Seven eDiscovery Rules to Know is the second “Speaking Legal” post (this one was the first) as part of the series on The 4 Languages of eDiscovery and it identifies seven eDiscovery rules to know as an eDiscovery professional. Here is the first one:
Proportionality – Rule 26(b)(1): This rule establishes the six parameters for proportionality in discovery and replaces the standard that existed prior to December 2015 of “reasonably calculated to lead to the discovery of admissible evidence”. Those parameters are: 1) the importance of the issues at stake in the action, 2) the amount in controversy, 3) the parties’ relative access to relevant information, 4) the parties’ resources, 5) the importance of the discovery in resolving the issues, and 6) whether the burden or expense of the proposed discovery outweighs its likely benefit.
If you’re going to be involved in a proportionality dispute in Federal civil court, it’s important to keep these parameters in mind. Here are two cases that illustrate how often proportionality comes into play in eDiscovery disputes!
So, what are the other six important eDiscovery rules to know? I won’t steal Cobra Legal Solutions’ thunder, you can check out the article here on the specifics. If you’re an eDiscovery professional, you should already know these rules and more! Oh, and their “sevens” theme gives me the opportunity to use the dice graphic again! Dice, dice baby! 😉
So, what do you think? Are these the most important seven eDiscovery rules to know? Or are their others you would have picked? Please share any comments you might have or if you’d like to know more about a particular topic.
Disclosure: Cobra Legal Solutions 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.