PREX15 Session 6 – Balancing Adversarial Strategy and Cooperation

Balancing Adversarial Strategy and E-Discovery Cooperation

If Shakespeare was a judge frustrated by e-Discovery delays in his court today, his famous quote may have read: “the first thing we do is kill all the zealous lawyers!” Why do some lawyers continue to obfuscate information at “meet & confer,” or aggressively argue on e-discovery minutia that delays things and runs up costs? This panel will explore how lawyers can balance the idea of cooperating with long-held beliefs about zealous client advocacy. Seasoned litigators will discuss how they “cooperate” for efficient e-discovery, yet still fight the good fight for their clients. The two strategies are not mutually exclusive – in the Digital Age they are critical to every lawyer’s duty of competent representation.