Last week, we were flabbergasted by this article which appeared on on the online edition of the ABA Journal entitled Litigation Too Costly, E-Discovery a ‘Morass,’ Trial Lawyers Say. This article is based on the interim report following a joint survey created by the American College of Trial Lawyers and the Institute for the Advancement of the American Legal System (IAALS) of Denver University. Prima facie, this document had some credibility but after reading it, I must say doesn’t pass muster!

Thanks to Ralph Losey for putting on the dots on the “i” in his post Trial Lawyers Turn a Blind Eye to the True Cause of the e-Discovery Morass! In two words, as Ken Withers, director at The Sedona Conference, told me:

Looking at the American College report, I had the impression I was reading a report from the Buggy Whip industry, complaining about the dangers and high cost of transportation caused by the advent of automobile. These were the Buggy Whippers’ findings, I’m sure: paved roads would be a waste of taxpayer resources; since only the rich can afford automobiles, poor and middle class people will be deprived of any means of transport; and rules should be adopted requiring that all these newfangled horseless carriages be led a person on foot waiving a warning flag. For the Buggy Whippers, learning to drive, or even get a bicycle, would not be considered viable options.