Extract from Chuck Kellner’s article, “De-weaponizing E-discovery for Strategic Advantage in Dispute Resolution.”
Lawyers’ evaluation of evidence directly impacts their ability to answer every client’s question, “How long will it take and how much will it cost to resolve this dispute?” because, when completed, e-discovery lays out the evidence of liability and damages, thus becoming the catalyst to resolution.
E-discovery—the process of identifying, collecting, preserving, reviewing, and producing electronically stored information (ESI) for evidentiary purposes in legal cases or investigations—is often the biggest expense of litigation. The discovery process is also the most consequential phase of many disputes. Lawyers’ evaluation of evidence directly impacts their ability to answer every client’s question, “How long will it take and how much will it cost to resolve this dispute?” because, when completed, e-discovery lays out the evidence of liability and damages, thus becoming the catalyst to resolution.
Weaponization as a Tactic
However, one side or the other may try to weaponize discovery. The point of weaponizing is to gain a strategic or tactical advantage, cause delay, force a settlement, drive up costs, distract from the issues of the case, or some combination thereof.
