Sharon Nelson, of Sensei Enterprises, recently posted this nugget of information to the ABA Techshow Blog:
On
September 9th, the Institute for the Advancement of the American Legal
System (IAALS) and the American College of Trial Lawyers (ACTL) Task
Force on Discovery released the results of a survey of trial lawyers
from across the country. The survey called electronic discovery a
“morass,” with 87% of lawyers stating that e-discovery is too costly.
The survey also found that the excessive cost of discovery is forcing
settlements, instead having settlements take place on the merits.
Lawyers also believe that judges do not do enough to control excessive
discovery, especially with costly e-discovery, with 89% of lawyers
saying judges needed to assume a greater leadership role.
The ABA Journal article on the survey, including a link to the report, may be found here.




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