Posts on legal tech, litigation, & eDiscovery

Cross examination has been described as “greatest legal engine ever invented for the discovery of truth.” 5 J. Wigmore, Evidence § 1367, p. 32 (J. Chadbourn rev. 1974). Although I think e-discovery is a more powerful engine for discovering the...

As a lawyer, I skipped the apprenticeship phase that constitutes the first part of most legal careers. Rather than having a wise elder to show me the ropes, I learned my craft by watching others practice, reading the rules until I nearly had them...

Broad pretrial discovery is one of the key features of the American legal system, and it’s intended to avoid the problem of “trial by ambush” - where one side introduces surprising evidence at trial that the other side has never seen before. But the...