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FRCP Still Posing Challenges

Year-old rules for legal e-discovery still flummox both legal, IT departments

Legal Eagles v. Techies

"One of the difficulties that we have heard from our customers in IT is that they really require direction from their legal department," says Fortiva's Armstrong. "One of the problems that they face is legal not making a stand on what the retention policy will be."

"Attorneys have to be a lot more knowledgeable in IT," adds Chris O'Brien, vice president of operations for the litigation services division at Xerox, explaining that lawyers have not always understood the intricacies of retrieving data from different storage formats.

Despite this degree of skepticism from O'Brien and Armstrong, Allman feels that many of his fellow lawyers are going out of their way to become more tech-savvy in the face of the FRCP amendments. "There are many instances where legal departments have been permitted to hire lawyers with technology expertise and e-discovery experts," he says.

Don't Brush The Amendments Under The Carpet

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