Coulda, Woulda, Shoulda; a Discovery Nightmare

Link: Law.com - Qualcomm Lawyers Late to Search Laptop. Computers, and electronic storage, have changed the discovery paradigm; and large law firms, involved in large cases, make a large thud when they make a mistake. It is so easy to ignore the voices, isn't it? As Qualcomm lawyers who failed to look for discovery in emails of a Qualcomm engineer are finding out, it isn't just hiring an IT guy or gal to collect and communicate electronic evidence that satisfies the discovery gods. These lawyers were apparently intentionally blind about certain evidence in emails that proved relevant; they are now paying a huge price. This is a scary case, and a scary result. The bigger the case, and the bigger the discovery problems, the more difficult electronic discovery is making it. I am happy that I am a solo practitioner. We aren't involved in complex litigation for the most part. It is hard enough doing what we do. Every lawyer involved in complex litigation needs to take a look at the Qualcomm debacle. It is a cautionary tale.