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Civil Litigation

Jun. 4, 2011

E-Discovery: Why Not Mediate the Process to Satisfy the 'Meet and Confer’ Requirement?

When it comes to electronically stored information, it is never too early to develop a discovery plan with your client.

A. Marco Turk

Emeritus Professor, CSU Dominguez Hills

Email: amarcoturk.commentary@gmail.com

A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.

As we have seen from earlier columns, parties have an obligation to preserve electronically stored information (ESI), which means that it is necessary for counsel to work with their clients to develop a plan that will preserve the subject ESI from destruction, even on a routine basis, and to make sure that their clients (and information technology personnel) fully appreciate not only the need for preservation but the consequences they could suffer for failure to do so.

Once couns...

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