Computer Law Review and Technology Journal
Abstract
New technology continuously abuts the aged and tried legal principles set forth decades ago. With information creation at every user's personal computer, with access to instant communication through e-mail systems and with the wide-spread use of the Intemet, the legal standards for discovery of information must continually evolve. It is no longer sufficient for a party requesting discovery to seek paper alone. It is also no longer sufficient for a party responding to discovery to review paper files alone in an attempt to satisfy the discovery requests. As we continue to progress in this age of information, a hard copy of a document without a corresponding soft copy is a rare find, while a soft copy without a corresponding hard copy is common. Just as computers have become an indispensable part of modem business, discovery of computer-generated electronic information has become an indispensable part of modem litigation. This paper discusses the impact the computer revolution has had on discovery and provides guidelines for an organization to follow prior to and during litigation. Section II provides an overview of discovering electronic information including advantages and disadvantages of electronic information discovery. Section I discusses the issues of security and authenticity associated with storage and discovery of electronic information. Section IV outlines several practical aspects of requesting discovery of electronic information. Section V describes methods for avoiding discovery of electronic information and the potential drawbacks of such conduct. Section VI discusses the need for a well-designed document retention program for electronic information. Section VII addresses the potential for abuse created by overproduction from electronic sources
Recommended Citation
Lawrence R. Youst & Haejung Lisa Koh,
Management and Discovery of Electronically Stored Information,
1
Computer L. Rev. & Tech. J.
73
(1997)
