Was this a ploy to get the plaintiff to waste time, money and resources? Quite possibly. Was it ignorance on their part as to what constituted acceptable Production? Very likely. Were they not about to give the plaintiff any kind of break? Absolutely.
Their terrible choice was all of the above but it was a dangerous game. The judge was furious although he stopped short of issuing sanctions. However, ticking off your judge is not an effective way to win the trial. Meet-and-confer is the time to hash out Production/Presentation questions, and companies should adopt software that enables them to painlessly output in a variety of formats. Think about it this way -- you don't have to use Production software to please opposing counsels. Use it to make your life easier. (And the judge happier.)
E-discovery Production Tools
eDiscovery technology won't help when a party is using poor Production as a weapon with which to wallop their opponent. But when poor Production comes out of ignorance or the lack of Production tools, then technology can indeed help. The features to look for in Production/Presentation technology include:
-- Security functions that grant and deny viewing access and actions based on user rights. Actions include screen-capture, copying or printing documents.
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