Project documentation is a weakness that I’ve seen time and again in firms that I’ve helped. And, I’ve seen it cause problems over and over again. I’ve worked with attorneys who have done a great job of collecting and producing documents, but, nonetheless, they have trouble successfully resolving discovery disputes. Why? Because they didn’t keep records of what they did and how they did it.

eDiscovery sanctions are at an all-time high, according to a Duke Law Journal law review article. The article summarizes a study of 401 cases involving motions for sanctions related to discovery of electronically stored information (ESI) in federal courts through 2009, with a total of 230 sanction awards in those cases. In an increasing number of cases, more attention is focused on eDiscovery than on the merits, with a motion for sanctions becoming very common.

I have run into this issue more times than I can count. A client sends me a list of search terms that they want to use to cull a set of data for review in a Microsoft Word document. I copy the terms into the search tool and then, all hell breaks loose!! Either: The search indicates there is a syntax error -- OR -- The search returns some obviously odd results. And, then, I remember. It’s those stupid Word “smart quotes”.

It’s critical to know where you are on a project so you can compare your progress to your budget and schedule and make adjustments if necessary. Sometime the unexpected will cause you to fall behind. In some cases, you’ll be able to take steps to fix problems and get back on track. For example, you may be able to simplify a task without sacrificing quality or the utility of the work.

Email is dead. So says Facebook founder Mark Zuckerberg. Facebook announced last week that it's rolling out a new messaging system, including chat, text messaging, status updates and email (surprise!). Will the integrated product (informally dubbed "Facemail") that some have called "Gmail killer" be a serious threat to Gmail, MSN and Yahoo Mail? And, what will that mean from an eDiscovery standpoint?