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The discovery of electronically stored information (“ESI”) has become vital in most civil litigation—virtually all business information and much private information can be found only in ESI. At the same time, the costs of gathering, reviewing, and producing ESI have reached staggering proportions. This is caused in good part by the sheer volume of ESI but also by the eluctance or inability of some lawyers to adopt cost-effective strategies. This guide provides an overview of some of the basic processes and technologies that can reduce the costs of processing ESI. Courts may not want to adopt all of the recommendations contained here, but they are worth careful consideration. For judges who are inclined to be involved directly in managing ESI issues, this guide provides information that can be shared with counsel to help curtail ever-escalating discovery costs.

For judges who are more comfortable letting the parties manage the details of e-discovery, it will help separate fact from myth or fiction when lawyers advance conflicting arguments on  electronic discovery. At the very least, lawyers for all the parties should be encouraged to be familiar with the principles contained in this guide.

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