Many Organizations are not Prepared for E-Discovery Requests
A survey sponsored by LiveOffice and conducted by Osterman Research shortly after the release of the new Federal Rules of Civil Procedure (FRCP) found that 53% of survey respondents (IT managers and end users) weren't ready for meeting the new FRCP but 63% have faced the requirement to produce emails as a part of legal action already. Amongst IT managers, the only task they found more unpleasant than responding to e-discovery requests was dealing with the IRS! More than half had no plan for e-discovery that had been vetted by counsel, and a third believed that they could not produce an email more than a year old. While it is true that computer forensic efforts may be able to unearth much older emails, the expertise is not generally considered to be in-house.
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