Document Production — Look Before You Leap

In eDiscovery, look before you leap! You have filed a lawsuit and you are set for a “meet & greet” conference with opposing counsel(s) to review and agree on discovery. What should you expect from opposing counsel and their client(s)? The Federal Rules of Civil Procedure, of course, provide structure to this event and Rule 26 issues certain mandates on what the parties should discuss and that parties should arrive at the conference prepared and knowledgeable. Sadly, many states such as Florida are far behind the times in setting forth such a clear structure in the Rules of Civil Procedure. Florida does not even require any discovery conference similar to the “meet & greet” under the federal rules; at least until it is generally too late. If everyone is acting in good faith, and depending on the case, defense counsel should arrive with basic knowledge of their client’s IT structure, including: Who oversees IT and e-discovery at the…

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