Electronic Discovery

The use of electronic discovery has become more commonly used with the increasing use of computers in businesses and home use. The fact that computer records and that documents exist that are not in a hard copy form has led the use of electronic discovery to become more of a tool in providing more effective information and for potentially holding the “smoking gun” to prove cases. However, there are constitutional issues with the seizure of computers; however generally this process can be quite valuable in proving an effective case and potentially causing settlements in civil cases.

The following questions have been addressed in this article:

What are the benefits of electronic discovery?
What are the potential costs of electronic discovery?
What are the duties regarding the preservation of the evidence?
Are there any issues of professional responsibility of attorneys to attempt to obtain these files in the discovery process?

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