Migrated from eDJGroupInc.com. Author: Mikki Tomlinson. Published: 2012-11-29 09:22:33 The approach of the New Year has me reflecting on the “2012 eDiscovery year in review.” Where has the industry matured? How has technology advanced? What future growth is expected? The one question that keeps nagging at me is: In what area does the industry need growth, yet is failing to advance at a respectable pace?The first thing that came to my mind was cooperation. I have written on this topic several times. Ironically, progress in the area of cooperation was the topic of a blog I wrote in December 2011. In February of this year I wrote a blog titled The Great Cooperation Debate. In this blog, I pondered factors that contribute to the lack of and/or poor cooperation efforts in eDiscovery. I surmised then, and still do now, that it oftentimes boils down to eDiscovery ignorance. Thus, cooperation is not the disease; it is one of the symptoms.This exercise made me reflect a bit deeper and look at some of the other blogs I wrote this year. I quickly picked up a pattern in my writing: the need for more eDiscovery education for the entire populace of litigation practitioners[*]. The disease is eDiscovery ignorance and the symptoms extend far beyond the issue of cooperation.The number of times I blogged about eDiscovery ignorance this year might make you think I’m obsessed. I’m not. I am simply passionate. And I am not alone. I have talked to many other eDiscovery experts that see the same gaping hole in the discovery process that I do and would like to do something about it. Why? eDiscovery ignorance can lead to increased cost, sanctions, and even loss of employment and allegations of malpractice. What are the implications of the August 2012 updates to the ABA Model Rules for the eDiscovery ignorant? When it comes to eDiscovery, ignorance is not bliss; it is detrimental to your company.
So, my 2013 New Year’s Resolution is this: I vow to dedicate myself to educating the eDiscovery ignorant. I will commit to teaching and working more at the “eDiscovery 101” level. I promise to write blogs aimed at the eDiscovery novice. I will put forth my bestefforts at incorporating eDiscovery topics into non-eDiscovery conferences. I am on a mission to “convert” as many as I can. eDiscovery Journal Contributor – Mikki Tomlinson (mikki@eDJGroupInc.com)
- February 2012: An Interview with Judge Peck, Part 1 and Part 2. The topic was about predictive coding, but the need for better project management and understanding of key words, technology, application of technology, and methodologies came through loud and clear. I recommend you read the conversation in the comments section of Part 1.
- March 2012: Technology-Assisted Review: The Need for Market Definition and Where We Stand Today. Here I point out the lack education and analysis around the different approaches to and types of PC-TAR technologies.
- June 2012: Let’s Talk Form of Production. On the lack of discussion and knowledge of production formats.
- October 2012: Insights from the Executive Counsel Institute Houston – Theoretical Discussions to Take-away Practice Points. One of the questions discussed at the conference was “How do we as an industry better educate those outside of the ‘Sedona Bubble’?”
- November 2012: Why is Legal Hold Still a Mystery? All about eDiscovery ignorance and a call to the eDiscovery gurus to help educate the uneducated.