Update (October 22, 2018): Long-time Minnesota Litigator readers will remember our TAAFOMFT series (which stands for “These are a few of my favorite things,” a sarcastic preface to posts about things we hate).
One of our favorite things (not) which we know we share with an enormous number of civil litigators, judges, and parties to civil litigation in the United States and beyond is e-discovery.
Party A gets into a dispute Party B and, because of the complexity and volume of ESI (electronically stored information), the two find themselves (or, more accurately, their money) sucked into an all consuming vortex so that “the dispute” pales in destructiveness when compared with the meta-disputes over ESI. (The disgust increases exponentially, of course, when it involves multiple parties and non-parties.)
And who pays for that? This is the subject of our earlier post, below.
Is there any recourse when the tail starts wagging the dog, when litigation costs due to ESI demands are blown out of proportion by one side (particularly in a case (or for a defense) that is eventually deemed to have been without merit)?
Fortunately for LEVENTHAL pllc and its clients, who tend to be small businesses and individuals represented by at least one reasonable lawyer (most of the time), ESI generally plays a very small part of their expenses. The lawyers tend to appreciate and respect the notion of “proportionality.”
But even relatively small litigants represented by reasonable lawyers might find themselves sucked into the all-consuming vortex. What then?