Technology Today: Are Meet, Confer Efforts Doing More Harm Than Good?

E-DiscoveryH. Christopher  BoehningDaniel J. Toal

Litigation partners Christopher Boehning and Daniel J. Toal authored an article that discusses the effectiveness of Rule 26(f) of the Federal Rules of Civil Procedure. Rule 26(f) is known as the "meet and confer" rule, which requires that lawyers confer early and in great detail about all aspects of e-discovery and preservation. The article, "Are Meet, Confer Efforts Doing More Harm Than Good?" appeared in the "Technology Today" section of the July 31 issue of the New York Law Journal. The authors question the amendment's well-intentioned efforts to promote cooperation between parties and to avoid disputes. Through analysis of pilot projects, the article contends that not only is Rule 26(f) not followed according to its true intentions, but survey results show that the discussions lead to more disputes about e-discovery and greater expense and delay. In order to curb the practice's ineffectiveness, the authors suggest that parties instead "engage on key e-discovery and preservation issues when and if the need arises." Practice support and e-discovery counsel Ross M. Gotler assisted in the preparation of this article.