In my new guest post for Everlaw, Instead of Fighting About Discovery, Set up First and Second Pass Review to Produce Responsive ESI, I analyze the case of Bird v. Wells Fargo Bank, 2017 U.S. Dist. LEXIS 49675 (E.D. Cal. March 31, 2017) and discuss best practices for document review.
Many attorneys put off document review for a variety of reasons, whether it is to try to settle the case before incurring costs for discovery, or because they do not realize the time it will take to respond to discovery.
In Bird v Wells Fargo, the Defendant’s attorney represented to the Plaintiff:
It would take 6-8 weeks for it to collect the requested ESI, which did not include reviewing the data for privilege, privacy, or confidentiality;
Defendants reserved the right to “shift all fees and costs incurred in the collection, review, and production of ESI to Plaintiff and Plaintiff’s counsel.”
Bird, at *7-8.
There were many issues with the Defendants’ arguments on cost shifting. For my full analysis, please check out the Everlaw Blog.
Josh Gilliland is a California attorney who focuses his practice on eDiscovery. Josh is the co-creator of The Legal Geeks, which has made the ABA Journal Top Blawg 100 Blawg from 2013 to 2016, the Web 100 from 2017 to 2018, and was nominated for Best Podcast for the 2015 Geekie Awards. Josh has presented at legal conferences and comic book conventions across the United States. He also ties a mean bow tie.