If I ask the titular question, you’d rightly think me odd. But if I ask “how’s e-discovery going?”, what’s the problem. Do names mean anything?
For centuries, the horse and carriage was a key way to get around. It took years before the horseless carriage moniker faded in favor of cars (or autos, SUVs, etc.).
The name “e-discovery” suggests something special, that there is some other kind of discovery. Sure, paper may still play a supporting role, but with the newly amended FRCP, E has the lead role.
At some point – maybe now – we need to lose the E. Dropping E might help de-mystify the new electronic world and signal that the fantasy of non-digital discovery must die. (Even if not all discovery is quite yet E, lawyers better know about it. See Conrad Jacoby’s Separating E-Discovery Myths from Realities at LLRX.com for more on this point.)
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