Extract from Doug Austin’s article “Addressing the Proportionality Challenge in Discovery Starts at the Beginning”
I’m sure your response to the title is “no kidding, Captain Obvious!” So, let me explain what I mean by that.
On this blog, I have previously discussed how Big Data is impacting eDiscovery workflows and what that means for you.
In today’s blog I will discuss another sign of how Big Data is impacting eDiscovery workflows – the rise in proportionality disputes.
The Dramatic Increase in Proportionality Disputes
According to the 2020 eDiscovery Case Law Year in Review Report released earlier this year by eDiscovery Assistant and my blog eDiscovery Today (and available for download from here), the number of eDiscovery case law rulings that involved proportionality disputes has risen dramatically in recent years, from 90 in 2012 to 889 in 2020! That’s almost a 10-fold increase in eight years!
The number of proportionality disputes rose from 476 in 2019, reflecting an increase of 86.8% in a single year.