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How the Court Has Shaped E-Discovery

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How eager is the legal industry when it comes to adopting new technologies? Some may have the impression that things are slow going where the law is concerned. However, particular court rulings have done a lot to push technology forward in the legal sector.

Did Court Rulings Push the Adoption of E-Discovery?

In the court case Zubulake v. UBS Warburg, Judge Shira Scheindlin may not have intended to revolutionize e-discovery. When considering the subject in this 2003 case, it was more important to set some ground rules that weren’t too restrictive. The judge focused on when a party’s responsibility to preserve ESI began, and what the consequences of losing that evidence would be. Now, Zubulake v. UBS Warburg is a seminal e-discovery ruling—constantly referenced in procedural disputes today.

Cases like this could also have an effect on future technological breakthroughs in the legal industry. Though artificial intelligence is just starting to become a part of legal technology, there is already a ruling that could affect its adoption. Da Silva Moore v. Publicis Groupe set precedence for courtroom use of predictive coding. This was a subject many lawyers were avoiding by citing that no court had authorized it before. This excuse was eliminated thanks to Da Silva Moore v. Publicis Groupe.

Cases like this are keeping the law closer to the cutting-edge of technology than some may have believed. As long as courts are addressing issues and trends before they become widespread, then law firms will have to stay ahead of the curve too. Take advantage of the legal technology services at Exactify.IT to help. We can evaluate your current systems and look into technology standards to help point your firm in the right direction.

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Posted In: Technology and Legal Ethics

Posted On: July 14, 2018

Posted By: Exactify.IT

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