He speculated that his own state of Oregon, which did not comply with the rule prior to Dec. 1, would allow opposing attorneys to stipulate what would be produced. Llewellyn doesn t recommend that tactic. It s really a wiser move to educate clients upfront, make them smarter about how they do business right now. Llewellyn offers other tips for lawyers trying to get their arms around all the bits and bytes. Know what your client has so you can go and get all of it.
Most companies use a variety of software programs for communications.
Look for programs that handle word processing, e-mail and calendaring, spreadsheets and databases. Ask about the client s record retention policy. Companies may begin regularly discarding old back- up tapes to circumvent discovery requests, but Llewellyn doesn t recommend it. Once you re put on notice, it s not going to be good enough to say, We erase backup tapes every 48 hours. Pay attention to how the courts in your jurisdiction are handling electronic discovery.