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Alternative Dispute Resolution

Mar. 5, 2011

Old Civil Discovery Act Versus New e-Discovery Rules

The need to preserve "electronically stored information" has created new duties for lawyers.

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.

I was admitted to practice in 1961. Using an IBM Selectric Typewriter was the big deal. So when the 1980's ushered in California's new Civil Discovery Act, one can only imagine the shock effect resulting from the realization that the law held unknown grief for those of us who had gone to law school believing that Perry Mason had the ideal law practice. Complying with the Civil Discovery Act definitely was not the "fun" part of being a lawyer.

Fast forward to June 29, 2009, when th...

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