Last Friday I had the chance to speak with a team from e-discovery provider CT Summation about recent trends in the e-discovery market. Senior Project Manager Brian McMahon and Product Development Manager Keith Schrodt said that the way companies approach litigation has changed drastically in the last few years.
It is imperative that companies have policies and procedures for finding and retaining documents that could be subject to a discovery order, they said, because the Federal Rules of Civil Procedure now have specific requirements regarding the discovery of electronically stored information, and because those requirements are extremely time-sensitive.
When I asked what those policies and procedures should look like, I got two answers. One was, "I do presentations on that and it takes me hours to pull it all together. We can get back to you." Not a surprise, really. When you're dealing with large corporations that have terabytes of data in storage, litigation generally and the discovery process in particular can quickly become complex.
But then they said there are litigation attorneys who are consulting on that very thing in an effort to expand their practices these days. The litigators will sit down with a corporation and figure out what those policies and procedures should be and then help to implement them. I would imagine the market for such services can only get bigger.