dear everyone in the business litigation field

When we agree to exchange productions electronically, that does not give you permission to send us a CD with all the docs scanned as one giant PDF.  According to just about every bit of case law and every guideline on e-discovery I’ve ever seen, that does not constitute an electronic production.

Although it may be obvious to you (having the benefit of seeing the original documents), it is not obvious to me where one document ends and one begins.  And don’t even get me started on the whole loss of the parent-child relationship!  And the lost meta data!   Think about the poor lost meta data!

If you can’t be bothered to provide us with a nice little load file to throw into a document review program with some metadata attached, maybe with the docs ORD-ed, at least send us each document as a separate PDF.

That way I don’t have to spend 3 hours of my time going through YOUR production, trying to figure out where the doc breaks are, and generally wasting my day doing something YOU should have done (especially since we did it for you).

Technology is our friend.  It is suppose to make our lives easier.  It is not there to give you a free pass to dump your responsibilities on me.

Insincerely yours,


My apologies to my readers who don’t care about electronic production woes.  I just needed to get that off my chest, lest I have a little melt down here at the office.


2 thoughts on “dear everyone in the business litigation field

  1. Do lawyers and technology mix well ever? (present company exempted).

    It reminds me of what my brother, a teacher, told me about someone’s less than savvy attempt to produce the school yearbook. They did it in *PowerPoint* and it came close to hundred megs. LOL!

    • Associates, especially those just out of law school, seem to “get it” more in terms of integrating technology, because that’s what they’ve been doing their whole life. But with the whole e-discovery thing, it’s really a case of a little technology with even less knowledge can create a big fat mess. There are so many pitfalls that need to be avoided, and most people just blindly skip on through, violating God knows how many rules and regulations along the way.

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