Today, lawyers must proactively identify a client's case management and discovery failures as well as create a roadmap for discovery obligations. This theory, however, doesn't take into account the entire management of the discovery process. Any revised protocols will fail without being fully integrated into business processes. It is too late for imprecise outlines in this heightened era of accountability. Instead, lawyers need a global positioning system for document management beginning with an automated legal hold strategy.
The industry believes that discovery is one continuous process; however, this thought is a misconception at best.
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