We think of electronic discovery as mainly used in big cases, but discovery of electronically stored information (ESI) can be extremely important regardless of the size of the case. However, how can lawyers accommodate the need for discovery of ESI with the practical and financial restraints that apply to small cases? A useful volume that can assist lawyers in dealing with ESI in small cases is Electronic Discovery for Small Cases by Bruce A. Olson and Tom O’Connor (2012) published by the American Bar Association.
Electronic discovery, however, can also generate ethical issues for lawyers and can trigger an unintended waiver of attorney client privilege – hence the need for well thought clawback agreements. On this important issue, see
- Nathan M. Crystal, Inadvertent Production of Privileged Information in Discovery in Federal Court: The Need for Well-Drafted Clawback Agreements, 64 S.C. L. REV. 581 (2013), http://www.nathancrystal…
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