Reprinted with permission from the Defense Research Institute (DRI). All rights reserved.

As electronic discovery has become routine in civil litigation, and since the electronic discovery amendments to the Federal Rules of Civil Procedure became effective in 2006, the role of counsel throughout various stages of the electronic discovery process has become increasingly important. The massive amounts of information held by organizations-and the substantial costs associated with its storage, collection, review, and production-emphasize the importance of inside and outside counsel's involvement in steering the electronic discovery course. This Article provides guidance to practitioners on two stages of the electronic discovery process where the role of counsel is invaluable: 1) the "meet and confer" requirement of Federal Rule of Civil Procedure 26(f), and 2) an organization's Rule 30(b)(6) deposition relating to the company's electronic databases, its electronic discovery capabilities, and its efforts to search for and produce electronically stored information ("ESI").

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