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

I. Introduction

Effective communication between in-house and outside counsel has always been a critical component of success in any litigation. The increasing demands and risks associated with electronic discovery now underscore even more the need for candid communications and coordination. As a court recently stated, the landscape of e-discovery "may be littered with more casualties than successes." PSEG Power N.Y. Inc. v. Alberici, No. 1:05-cv-657, 2007 WL 2687670, at *1 (N.D.N.Y. Sept. 7, 2007). Cooperation among and Constructors, Inc. communication between all parties involved with preservation, collection, and production of discoverable materials are essential to avoiding becoming a "casualty" of e-discovery and steering clear of the sanctions that have become prevalent in e-discovery cases. This Article offers a few examples of how poor communication between in-house counsel and outside counsel can lead to missteps and draw the court's attention, and offers practical advice on how to keep lines of communication open.

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