Crane on Law by James Crane

So many of my clients in corporate law departments are so busy - it is a real challenge to keep up with the latest legal developments. I am always looking for useful resources to pass along. One of the best resources regarding the Amended Federal Rules related to Electronic Discovery is the Maryland District Court’s Suggested Protocol for Discovery of Electronically Stored Information (“ESI”).

So many e-discovery vendors have chosen to view the Amended Federal Rules as a statutory boogeyman. By contrast, I see them as an important step toward clarity and uniformity in the execution of discovery in a digital world. So, when I read that the purpose of the Protocol is “to facilitate the just, speedy, and inexpensive conduct of discovery involving ESI in civil cases,” I am nodding in agreement. As a defense attorney that has seen his share of overly-broad discovery requests, I am firmly convinced that the most important rule in the Federal Rules of Civil Procedure is Rule 1, which mandates that all of the Rules “shall be construed to secure the just, speedy, and inexpensive determination of every action.”

The Protocol includes a useful glossary of ESI terms and covers such topics as planning and carrying out the Rule 26 Conference of Parties, the treatment of metadata, and clawback provisions. It goes into enough detail to be quite useful, but at 29 pages in length, it’s not like reading a textbook or spending 8 hours in a CLE. You can find the Protocol at:

http://www.mdd.uscourts.gov/news/news/ESIProtocol.pdf.

As always, I’m interested in hearing about whether you find this resource useful, and what other resources you like to use. Feel free to contact me, I’d like to hear from you.