This comment discusses discovery issues related to documents stored on a computer or litigation support system. The basics of computer information storage, business records systems, and litigation support systems are discussed. To eliminate unnecessary discovery, this comment suggests the creation of a record retention system that takes into consideration the company’s need of efficient storage, archival of information, and destruction of documents no longer legally required to be kept. An in-house counsel’s ethical considerations for document destruction are also discussed, as well as his or her ability to protect litigation support systems from unnecessary discovery with the work product privilege.
Discovery of Computer Stored Documents and Computer Based Litigation Support Systems: Why Give Up More Than Necessary, 14 J. Marshall J. Computer & Info. L. 523 (1996)