Electronic discovery (also known as e-discovery), has long been hailed as a salvation over the time-consuming, traditional process of discovery. But it’s not as promising as it once seemed to lawyers. 

So while lawyers are not stuck in conference rooms filled with boxes of documents that they need to pore over page-by-page, lawyers still need to be aware of the consequences that come with e-discovery’s convenience.

Most lawyers can attest that e-discovery is not as easy as it seems. Indeed, make no mistake, e-discovery is downright hard. “Performing complicated tasks on a deadline creates the opportunity for incorrect or incomplete production, whether resulting from innocent inadvertence or intentional malfeasance,” according to the King & Spalding study and reported in the Duke Law Journal.

While e-discovery may not be easy, the e-discovery sanctions against attorneys are not exactly cheap. Sanctions of more than $5 million were ordered in five cases, and sanctions of $1 million or more were awarded in four cases. A typical sanction requires lawyers to pay attorney fees and costs, which range from $500 to $500,000.

It is a lesson that can be hard to learn, but when it comes to e-discovery, be aware of deadlines and that you can open yourself and your client to e-discovery sanctions.

Related Resources:

  • Sanctions For E-Discovery Violations: By The Numbers (ABA Journal)
  • E-Discovery Law Means Get It Right, Or Face Sanctions (FindLaw’s Technologist Blog)
  • States Embrace Electronic Discovery (FindLaw’s Technologist Blog)

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