The FRCP Amendments that essentially put the issue of eDiscovery on the map in a big way have been in effect for almost three years; so why are most organizations so ignorant about eDiscovery?  I know it's hard to effect change; I know it's hard to implement the infrastructure for information management; I know that eDiscovery tools are relatively new.  Still, the attitude toward eDiscovery smells all to familiar.


I was talking with a high-ranking member of a corporate legal department who said, "Why on earth would I want to implement a platform that would make eDiscovery easier and more efficient?  Once I do that, I'm exposed - any other party can force me to discover anything and I'll have no way to argue against doing it."


I ran this past a few friends in the legal community and all of them could sympathize.  From one POV, I suppose I can sympathize, too.  But, c'mon!  This is such a head-in-the-sand attitude.  This smells just like the attitude that brought use Enron and banking collapse.  Let's not have history repeat itself. It is just plain wrong to not implement tools that make eDiscovery easier.  The FRCPs plainly put the burden on companies to find and manage their information.  I would hate to be this legal department member in 5 years trying to justify this attitude.  Frankly, it's the kind of attitude that will eventually have someone serving time in a minimum-security prison.


Maybe I'm a little jaded, but I'd love your feedback on this to make sure I'm not alone in my thinking here.  Comment away!