Because of this, Bace advises his clients not save anything they don't have to for legal or regulatory purposes. "As soon as (email) has no value left to it get rid of 'em."
But such tactics are only band aids, said Sedona's Braman. What's needed is a whole new approach to the discovery process. One where the lawyers, instead of posturing and playing legal games during the discovery process, instead cooperate and collaborate to get the facts on the table.
"The legal profession needs to know that's there's a difference between zealously representing your client in an adversarial system verses getting the facts out on the table about which you are zealously going to litigate, he said.
"And when were are talking about the volumes of data that were talking about these days, there's simply no room for gamesmanship in terms of simply getting the facts on the table."