On Dec. 13, Congress will hold hearings on the “Costs and Burdens of Civil Discovery.” It’s anyone’s guess which (if any) revisions to the existing e-discovery rules will be adopted. What is clear, however, is that Congress is focused on reducing e-discovery costs. One approach that Congress is considering is to inject additional expertise and know-how into the litigation process through e-discovery liaisons, e-discovery special masters and e-discovery mediators.

The e-Discovery Liaison

Unlike the current process (where each party’s counsel is responsible for presenting disputes regarding e-discovery directly to the court), the 7th Circuit’s Electronic Discovery Pilot Program (the e-Liaison Program) requires each litigant to designate an e-discovery liaison at the beginning of each case. The liaison is responsible for “meeting, conferring and attending court hearings” where e-discovery is an issue. The 7th Circuit program requires that the liaison be knowledgeable about the party’s computer systems, e-discovery efforts and cost-saving strategies; however, the e-Liaison Program does not mandate that the e-discovery liaison be a lawyer, computer technician or disinterested third-party. Selection of the liaison is left to each party.

The first phase of the Pilot Program is now completed, and the results were sufficiently positive to justify an expanded Phase II, which is now underway. The efficiencies of using an e-discovery liaison are obvious: The liaison brings preparation and knowledge to the Rule 26(f) conference and other e-discovery disputes. With a knowledgeable resource at hand, the parties will speak a common language and avoid the time-consuming and expensive processes of delayed meetings and negotiations prompted by counsel repeatedly having to check with more knowledgeable technical resources. The Pilot Program requires those resources to be front and center.

via E-discovery: Congress might revise e-discovery rules again.