When people start talking about e-discovery production burdens I always think of the famous line of Jack Nicholson in the movie A Few Good Men, where he said, “You can’t handle the truth.” In e-discovery today in my opinion the line goes, “You can’t afford the truth,” at least not the whole truth and nothing but the truth. It costs too much. So you’ve got to figure out how much of the truth can you afford to get. We have got to educate the courts and ourselves and opposing counsel that it is impossible in today’s world to get all relevant e-mails on any issue. You’re only going to get a certain amount of them that is acceptable to proceed forward, one of the prime criteria of which is what does it cost.
For more on this and related topics, see the transcript of my interview by Mary Mack, complete with some of the secret thoughts that occurred to me during the live audio interview.
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