Our Insights on eDiscovery

The litigation world has changed dramatically in the past fifty years. In 1962, 11.5% of federal civil cases were disposed of by trial. By 2002, that figure had plummeted to 1.8% despite a five-fold increase in the number of civil filings. But is eDiscovery the culprit? Let’s take a look.

So where does eDiscovery fall in this discussion? Where does it fall in the list of factors noted above which influence the decline of trials? How do we use eDiscovery to decide if a case should be settled? Let’s take a look.

In modern litigation history, there are several reasons for the decrease in the number of cases going to trial, let’s take a look at some of them.

I have heard a great deal of anecdotal discussion lately about fewer and fewer cases going to trial, with an implied criticism that the cost of eDiscovery is somehow at the root of this phenomenon. Indeed, the national decline in trials, both criminal and civil, has been noted in law journal articles, bar association studies and judicial opinions. I decided to investigate both of these statements and was surprised by what I found. First, the decrease in cases going to trial is nothing new and in fact far pre-dates the eDiscovery changes to the FRCP. Second, there are several clear reasons for this decline, all unrelated to any eDiscovery issues.