Exterro's Judges Survey

Exterro's new judiges survey, is worth checking out, if only the finding that no judges agree with the statement, "The typical attorney possesses the subject matter knowledge (legal and technical) required to effectively counsel clients on e-discovery matters." 22 federal judges participated in the study. In contrast the judges feel that 87% of the federal judiciary possess a level e-discovery competency that is okay, good, or strong.

77% found that poor cooperation between parties was the most frequent cause of e-discovery problems. Since the amendment of FRCP 26(b)(1), 95% found parties making more proportionality claims. Only 18% found that parties were taking advantage of the option to send out FRCP 34 discovery requests in advance of the 26(f) conference. 59% cited FRCP 26(b)(1) as the amendment having the greatest effect on e-discovery practices.