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<i>Legal Tech:</i> Four Lessons Learned from Exterro's 4th Annual Federal Judges Survey
For the fourth time, Exterro has conducted an in-depth survey of federal judges in order to understand better how they see e-discovery law and practice changing. In 2018, partnering with EDRM at Duke Law and BDO, this survey reached farther and deeper than ever before, with 30 federal judges responding to questions covering e-discovery competency, improvements to e-discovery practice, and the Federal Rules of Civil Procedure and Federal Rules of Evidence that govern e-discovery.
Past surveys of the federal judiciary have compared the judges' responses to those of attorneys or invited e-discovery experts to offer their thoughts on what the results meant. This year, in addition to gathering and analyzing the opinions of 30 federal judges, the survey contains expert analysis of the results from eight sitting and recently retired federal judges.
Reviewing the survey data and the judges' analysis, four key themes emerged.
- While their skills are improving, attorneys still lag behind judges and the law in e-discovery skills.
- While e-discovery education is needed, a change in mindset to more cooperation would yield even bigger improvements.
- The keys to improvement are: 1) e-discovery education; and 2) improved understanding and use of the Rules.
- Judges embrace technology's role in e-discovery, especially in ensuring processes are defensible.
Attorney E-discovery Skills Insufficient
Data
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