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E-Discovery Malpractice Is More Common Than Perceived, LeClairRyan Partner Says

Posted Jun 24, 2011 2:19 PM CDT
By Rachel M. Zahorsky

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Lawyers beware: the pitfalls of e-discovery may be more complicated than many litigators—even experienced partners—expect or are prepared to handle.

“In short, this is a complex, high-risk task that requires specialized skills and experience. It is not something one does once a year and gets good at,” LeClairRyan partner Dennis Kiker wrote at The e-Discovery Myth. Kiker's post started with a mention of a malpractice suit against McDermott Will & Emery for alleged failures in managing an e-discovery case that resulted in the inadvertent disclosure of over 3,000 privileged documents.

“E-discovery is a discipline. Far too many attorneys in firms large and small think that e-discovery is something they can do on the side, when they are not drafting motions to dismiss an antitrust class action or preparing to depose a scientist in a patent infringement matter,” Kiker wrote. “Unfortunately, this is simply not true.”

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