Comments on: “That Proclamation and a Dollar Will Get You a Cup of Coffee Down Here in the Valley, Son” http://www.discoveryresources.org/discerning-e-discovery/that-proclamation-and-a-dollar-will-get-you-a-cup-of-coffee-down-here-in-the-valley-son/ Electronic Discovery (E-Discovery) Resources, News & Information Tue, 16 Aug 2011 20:04:43 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Regina Mullen http://www.discoveryresources.org/discerning-e-discovery/that-proclamation-and-a-dollar-will-get-you-a-cup-of-coffee-down-here-in-the-valley-son/#comment-1650 Regina Mullen Sun, 01 Nov 2009 17:58:35 +0000 http://www.discoveryresources.org/?p=754#comment-1650 I would tend to agree. Back in 1993, most firms hadn't a clue how to exploit email. That was an advantage to a small shop like mine. Hand over my database? Explain how I found what I found in metadata? Not a chance! However, I think the Sedona discussion of cooperation contains common sense approaches to problem solving. There WILL be problems during the course of litigation better solved through co-operation. I don't agree that it is an "all-or-nothing" approach. Further, the nastiness with which you treat your opponent will leach over into the way you treat your staff. Guaranteed. One approach is to make the judge the "bad guy." Thismakes it much easier for attorneys to justify working through problems with professional integrity,--because it preserves the auras of power and makes it appear that you're fighting with all the tools at your disposal. Not that I'm a fan of judicial fiat when it comes to the practice of law or how to run internal litigation processes, but I think that there is guidance that judges can provide (regardless of how well parties "show up" at the Rule 26) that can make it easier to co-operate at the margins. I would tend to agree. Back in 1993, most firms hadn’t a clue how to exploit email. That was an advantage to a small shop like mine. Hand over my database? Explain how I found what I found in metadata? Not a chance!

However, I think the Sedona discussion of cooperation contains common sense approaches to problem solving.

There WILL be problems during the course of litigation better solved through co-operation. I don’t agree that it is an “all-or-nothing” approach. Further, the nastiness with which you treat your opponent will leach over into the way you treat your staff. Guaranteed.

One approach is to make the judge the “bad guy.” Thismakes it much easier for attorneys to justify working through problems with professional integrity,–because it preserves the auras of power and makes it appear that you’re fighting with all the tools at your disposal.

Not that I’m a fan of judicial fiat when it comes to the practice of law or how to run internal litigation processes, but I think that there is guidance that judges can provide (regardless of how well parties “show up” at the Rule 26) that can make it easier to co-operate at the margins.

]]>