January 27, 2014 Articles

The Real Application of FRCP 1 to E-Discovery

Aspire to keep it manageable.

By Regan Kirk, Kevin Broughel, and Carla Walworth

Ask yourself this: How many emails did you send and receive today? Ten? Fifty? One hundred? Can you remember the contents of every single one? Whether you’re perusing this article over a morning cup of coffee, speed-reading it during a quick lunch break, or savoring it through your commute home after a long day of work, your answer is probably the same: No. In this day and age, email is the primary form of business communication. One market-research firm recently estimated that the average person sends 35 emails a day from his or her work email account and receives 75 in return. Depending on your line of work, those numbers might be grossly conservative. Regardless, even just 110 emails a day can add up quickly to an enormous amount of data that one day might need to be reviewed and produced in response to a discovery request.

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