The Sedona Conference. – Follow this link to the Sedona Conference website to download your copy of their latest publication commenting on proportionality.
Here’s what others have had to say about it so far:
Today The Sedona Conference® made available its Commentary on Proportionality in Electronic Discovery. The commentary (published as a “public comment version”) provides valuable insight and guidance on one of the hottest topics in e-discovery today. Among other things, the publication identifies six Principles of Proportionality, intended to “provide a framework for the application of the doctrine of proportionality to all aspects of electronic discovery.”
The lawyers who really know how to use these new inventions, or have licenses and training to use them, will eventually be able to meet the review deadlines. They will be able to do so without employing an army of reviewers and breaking the bank. That is the brute-force technique now used, dare I say enjoyed, by many law firms today. Clients will eventually awaken from the spell of old paper models, where attorneys eyes on every page is considered necessary. Big corporate clients will eventually stop rewarding inefficiency. In the near future, quality privileged document review may be accomplished in short order. The law firms and corporations that learn how to do this, and how to properly argue proportionality, will have a distinct competitive advantage. They will have a new Patronus to defeat the Dementors. Only they can defeat the Dark Lords and keep their secrets, secret.
Also check out the eDiscovery Journal‘s perspective on this topic