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Featured Legal News (Dec. 21, ‘06)

The 800-Pound E-Discovery Gorilla
Posted on Thursday, December 21, 2006

As many of you know, "e-discovery" amendments to the federal rules of civil procedure went into effect on Dec. 1, requiring new discovery procedures with electronically stored information. Trial lawyer Blake Bailey wrote an article for us to share his thoughts on the ethical considerations of the amended Federal Rule 26. Bailey writes from the perspective of someone who did not have the technical background to meet all of these challenges and had to play catch-up.

"Electronic information has been the 800-pound gorilla in the living room that most litigators have ignored," Bailey writes. "It is a different world than the one we learned in law school. Even recent graduates receive little training to match the challenges of the digital age."

In addition to a general discussion of the issue, Bailey provides a survey of recent opinions on e-discovery from court cases and bar groups. Bailey of The Bailey Law Firm in Tyler, Texas, made our recently released guide to the nation's leading plaintiffs' lawyers. You can also read a piece he wrote for our Summer 2006 issue on tort reform.

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