E-Discovery: E-Discovery’s “Prime Principle” for the Rule 26(f) Conference

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It may sound like the operational paradigm for a future human civilization, but the “prime principle” should be the prime directive for e-discovery disputes here and now.

The e-discovery prime principle is very simple. It holds that the original form of information that parties are exchanging in electronic discovery is a binary system, with data stored only in “off or on,” “0 or 1,” values.

Computers create, store, and transmit 98 percent of our society’s information. That percentage rises every year. Yet, most attorneys don’t have the foggiest idea how a computer works and therefore can’t comprehend the e-discovery prime principle.