Nelson Mullins Encompass


Proposed Rules Address The Costs and Burdens of Modern Discovery Practice

October 29, 2013

The Metropolitan Corporate Counsel

Reprinted with permission from The Metropolitan Corporate Counsel

The Editor interviews Marc E. Williams, President of Lawyers for Civil Justice (LCJ) and Partner, Nelson Mullins Riley & Scarborough LLP.

Editor: During your term as President of Lawyers for Civil Justice (LCJ), the Advisory Committee on Civil Rules published (on August 15) a proposal to amend the Federal Rules of Civil Procedure in order to address the costs and burdens of modern discovery practice (proposed rules). Why was there a need to amend the discovery rules?

Williams: The discovery process in litigation has become much too expensive and burdensome. In recent years the problems associated with discovery have been exacerbated by a tremendous growth of electronically stored information (ESI), which has resulted in a grossly inefficient system. For companies that produce large amounts of ESI, the costs associated with preservation, collection and discovery have become astronomical. Discovery has become a process of exerting leverage against the opposing party to force a resolution, rather than a process to discover the true facts underlying a dispute.