Poor EDiscovery Practices in the Real World

Last week, a motion was filed to issue a subpoena to President Obama in the Rod Blagojevich criminal trial in the U.S. District Court in Chicago. The only problem is that when a redacted copy of the subpoena was released to the public, the “redacted” information was available by simply clicking on the redaction.  If this were an e-discovery production the receiving party could have been given privileged information and it seems highly unlikely to me that this type of shoddy technical performance would fall under any definition of “inadvertent” for purposes of a clawback argument or, even more important, an evidentiary waiver of privilege.

Using a redacting tool is not a terribly difficult technical task. If lawyers can’t get this right, how can we expect them to handle the more difficult tasks of e-discovery practice?  It all comes back to education and it’s clear from this, the third major redaction blunder in the past eyar, that lawyers are simply not learning even the most basic technological tools. Even more reason to engage the services of a trusted advisor to help them avoid these types of mistakes.

For more on my thoughts on this subject, see the article on LexTek entitled Blago Redaction Snafu Offers Bad Example of eDiscovery Practice

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3 comments so far

  1. […] more: Poor EDiscovery Practices in the Real World « docNative Paradigm Blog Share and […]

  2. […] Poor EDiscovery Practices in the Real World « docNative Paradigm Blog […]

  3. Mark Miller on

    Cases like this that involve the costly and damaging inadvertent release of privileged information are completely avoidable. Dedicated redaction software is designed expressly for the permanent blocking out of private or privileged information in shared documents or public records. Customers using ID Shield by Extract Systems have successfully redacted over one billion pages. If the information is blocked by an ID Shield redaction zone, it’s permanently removed–period. No more metadata or text behind the redaction zones that can be revealed by cut and paste tricks.

    Mark Miller
    VP Sales|Extract Systems
    Mark_Miller@extractsytems.com
    http://www.extractsystems.com


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