Those fortunate enough to attend the LBA's CLE on this topic were treated by James Herr and Nicholas Donnermeyer to an interesting and informative discussion regarding federal rule changes affecting electronic information. Included was a panel discussion with Michael Lasavio, Jefferson Circuit Clerk, who discussed the likely affect on state court proceedings as courts move to acknowledge the ever increasing role played by electronic information in litigation. Also featured was a very interesting discussion with Andy Cobb, of AC Forensics, LLC, discussing the types of electronic information to look for and the tricks to obtaining that information in litigation.
As more and more information is being created and stored electronically, the ability to secure this information through the discovery process will play an important role in a lawyer's litigation success. Just as the creation and transmission of information electronically revolutionized the practice of law, so to is the mass storing and retrieval of this information. Those who do not understand or appreciate its importance are falling farther and farther behind, and in my opinion, doing their clients a disservice.