Verified Document

Electronic Discovery And How This Practice Finds Term Paper

¶ … electronic discovery and how this practice finds lawyers balancing a very thin line of appropriate applications of electronic evidence within the legal framework of court. The article entitled "Party Plagued by Electronic Discovery Missteps Loses at Trial" was written by Christopher A. Lewis, Mary Ann Mullaney and Stephen A. Orlofsky and can be found in May 3, 2005 edition of The Legal Intelligencer. This source was found courtesy of Law.com. Electronic discovery can be described as the process during litigation that happens during the traditional discovery of information before going to a trial but it involves the procurement of all electronic information and not just information available on paper. During the last two decades we have nearly seen all forms of data migrate to the digital realm. Craig Ball surmises, "Statisticians estimate that only 5 to 7% of all information is born outside of the computer, and very little even finds its way to paper" (1). Ironically, this process has never really been in the limelight during its last twenty years of involvement in the legal process. It has just been recently that electronic discovery has fallen under scrutiny.

Today we live in a world set at the speed of light due to increased telecommunication and computer technologies used in business practice. Despite the central role that electronic information plays within the business world and the legal framework in which businesses are ran, electronic data discovery efforts ran an ambiguous process for attorneys. Either the process is completely...

Few attorneys understand the ramifications of not using electronic discovery not only to the benefit of the client and case but also failure to use it correctly. As a result much of discovery resorts to physical items or paper trails.
The changing face of the discovery process has proposed changes in the rules of the procedure and this will require lawyers to discuss new ways of preserving electronic evidence important to a case like databases, spreadsheets, voicemail, video and email. Basically this opens discovery up to including an insurmountable amount of information that must be presented in court during a trial. This leaves the attorneys on both sides facing a very time-consuming, expensive and arduous process of profiling data. This has brought up another issue in this complex arena; what is accessible and therefore, required during discovery? One particular case put the issue of electronic discovery on the map. This case is Zubulake v. UBS Warburg, L.L.C., 217 F.R.D. 309 and this case will be discussed in the paragraphs below.

The case of Zubulake v. UBS Warburg was supposed to be a typical routine employment discrimination dispute. It turned into a landmark case where the jury awarded an equities trader formerly employed by the defendant $9.1 million in compensatory damages and almost $20.2 million in punitive damages (Lewis, Mullaney and Orlofsky 1) based on mistakes during of electronic information during the…

Sources used in this document:
Works Cited:

Ball, Craig. "Sampling Data's DNA for Discovery: What's 'Inaccessible?'" Law Technology

News 13 April 2005. 23 May 2005 <http://www.law.com/jsp/printerfriendly.jsp?c=LawArticle&; t=Print.>

Lewis, Christopher A., Mullaney, Mary Ann, and Orlofsky, Stephen, M. "Party Plagued

By Electronic Discovery Missteps Loses at Trial." The Legal Intelligencer 3 May 2005.
23 May 2005 <http://www.law.com/jsp/printerfriendly.jsp?c=LawArticle&; t=Printer.>.
Cite this Document:
Copy Bibliography Citation

Related Documents

Electronic Medical/Health Records Utilizing Electronic
Words: 5456 Length: 18 Document Type: Thesis

However, because they make billing more efficient, the majority of large urban practice groups and hospitals have already made the switch to electronic records, according to Michael R. Costa, attorney and associate at Greenberg Traurig, LLP, in Boston, Mass. However, he adds, most of these organizations maintain warehouses where they store paper records that have been transcribed to electronic form. "There is resistance from some about going to a

Ruchi Tomar Disadvantages of Electronic
Words: 3472 Length: 12 Document Type: Thesis

None of the findings are not surprising to a lot of experts. Apart from large systems that are integrated, like Kaiser Permanente in California and the Veteran's Administration, a lot of doctor practices are adopting different EMRs. Also in so many different situations they do not talk to one another (Sittig & Singh 2012). So, a doctor's record is not necessarily able to get access notes from his regional hospital

Self-Journey or Self-Discovery
Words: 1450 Length: 5 Document Type: Term Paper

Heart of Darkness by Joseph Conrad. Specifically it will discuss the self-discovery Marlow encounters on his journey through Africa. Marlow's journey from England to Africa and back to Europe is a journey of self-discovery and adventure. He encounters greed, savagery, and indifference along his journey, and he encounters prejudice, imperialism, and a new understanding of himself along the way, as well. In the end, he recognizes he is a

Why Only Christian Psychologists Can Practice "True Psychology"
Words: 19429 Length: 71 Document Type: Dissertation or Thesis complete

Soul: Why Only Christian Psychologists Can Practice "True Psychology" Today, there are more than one hundred thousand licensed psychologists practicing in the United States. These mental health professionals are in a unique position to provide individuals, groups, and American society with valuable counseling services for a wide range of mental health issues and mental disorders. This study uses a triangulated research approach to demonstrate that true psychology can be done

E-Commerce Communications
Words: 6773 Length: 20 Document Type: Term Paper

E-Commerce Communications Electronic commerce or e-commerce is the term used to describe all forms of information exchange and business transactions based on information and communication technologies. There are different types of formal definitions of e-commerce, but the wide scope involved has resulted in many definitions focusing on only certain aspects. A fairly comprehensive definition covers e-commerce from four different perspectives (Kalakota and Whinston, 1997, p.38) - communications, business process, service and

Mary Shelley Frankenstein Charles Darwin Origin of Species
Words: 1787 Length: 5 Document Type: Term Paper

Mary Shelley, Frankenstein, Charles Darwin, Origin of Species There are many themes which readers can discern in Mary Shelley's inestimable work of literature, Frankenstein. They include the virtues of humanity vs. The vices of monstrosity, the power and effect of family and "community" (Bentley 325), as well as the considerable ramifications of ambition and work. However, the prudent reader will perceive that the principle motif unifying all of these themes, and

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now