Minimizing Discovery Cost Through Effective Trial Strategy

New federal rules are likely to help curb the high cost of e-discovery in litigation, but the most effective means of controlling costs are aggressive early case management and a clear focus on what the case is really about. This works in a number of ways, according to Kobre & Kim attorneys writing in Today’s General Counsel. Litigants who are uncertain about their strategy are the most likely to serve their opponents with broad requests, a burden to be sure, but it also allow adversaries to “bury important documents among thousands of irrelevant ones and can lead to enormous document review expense.” Demonstrating to the court that it doesn’t need to make various complex determinations that are irrelevant to the outcome of the case “not only limits the scope of discovery and trial, but also helps focus the judge on the issues the party wants to litigate, meaning those claims and defenses on which the party is most likely to prevail.”