We live in an Internet age. We are experiencing exponential technological change. Electronic communication offers higher, faster levels of problem- solving and understanding. Large institutions and individuals alike must be nimble in the new knowledge environment, lest in a generation's time they become dinosaurs.
Electronic communication is also increasingly recordable, and, as such, discoverable.
As the recent Microsoft case demonstrates, all communication is at risk of being subpoenaed in the process of legal discovery and, potentially, used as evidence against its writers-and their employers. In the sphere of digital discovery, few guidelines have been established. The more lawyers and judges understand the issues and associated risks, the better Law will be. At this point in the game, creating the agenda, naming the relevant issues, and engendering the terms of debate offer the greatest potential impact on levels of understanding.