E Discovery

Magistrate Judge Nan Nolan of the U.S. District Court for the Northern District of Illinois "I know that some people have snickered about this idea that you can get lawyers to make nice and cooperate on discovery. But I believe it is possible." What do lawyers need from the bench to navigate e-discovery disputes? The pilot project explicitly states that "an attorney’s zealous representation of a client is NOT compromised by conducting discovery in a cooperative manner," creating a foundation for a cooperative process. "The key is that it sets out that noncooperation is sanctionable," says Steven Teppler with Edelson McGuire, who is a member of the committee and had several cases that were part of the project. "How can you do discovery if the other side won’t? But if it looks like it will be a fair process, then it makes parties less obstinate."




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