Lawyers for Civil Justice (LCJ) took action this fall to improve the e-discovery rules to which corporate defendants are held accountable. In an official comment to the Advisory Committee on Civil Rules, LCJ argued that problems with discovery and electronic discovery have become so pervasive in recent years that rule makers must immediately consider meaningful amendments that would substantially improve the federal rules of civil procedure.
The comment titled A Prescription for Stronger Medicine: The Danger of Tinkering Change and the Need for Meaningful Action, which was submitted to the Civil Rules Advisory Committee, provides detailed analysis of problems associated with discovery, especially electronic discovery, as well as the dangers of defaulting to meaningless, “tinkering” changes as solutions to those problems.
According to LCJ, the tendency of rule makers to tinker with amendments rather than consider substantial rule changes has only perpetuated problems. In addition, a recent explosion of electronic discovery, LCJ said, has worsened an already dismal situation and further drawn the spotlight towards the importance of discovery reform.
According to LCJ, their suggested amendments would significantly improve the discovery process, making it more fair and efficient.
To read the comment visit www.lfcj.com/articles.cfm?articleid=70.