Electronic Discovery Blunders
Most reading on electronic discovery effectively discusses the traps for the unwary in litigation when electronic evidence is either destroyed or the organization fails to preserve documents in the face of litigation. This list of blunders, by the folks at Nexsen Pruett provides a simple explanation of the 10 biggest mistakes made in electronic discovery. In addition to a discussion about failing to preserve documents and directing employees to delete files, the article provides information that not only the legal community can use, but employers as well.
I'll add my own blunder to the list as number 11: Failing to educate staff regarding electronic discovery. In the investigations and expert witness work I do, it amazes me how your every day employee or manager thinks that it is appropriate to delete files and how they haven't a clue about the technology available which will allow the retrieval of information. Don't you think employers would be better off if their employees and managers knew about this stuff and it wasn't just held secret by the legal department?
