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Extract from article by Ralph Losey

In my perspective as an attorney in private practice specializing in e-discovery and supervising the e-discovery work in a firm with 800 attorneys, almost all of whom do employment litigation, I have a good view of what is happening in the U.S.. We have over fifty offices and all of them at one point or another have some kind of e-discovery issue. All of them deal with opposing counsel who are sometimes mired in keywords, thinking it is the end-all and be-all of legal search. Moreover, they usually want to go about doing it without any testing. Instead, they think they are geniuses who can just dream them up good searches out of thin air. They think because they know what their legal complaint is about, they know what keywords will be used by the witnesses in all relevant documents. I cannot tell you how many times I see the word “complaint” in their keyword list. The guessing involved reminds me of the child’s game of Go Fish.

I wrote about this in 2009 and the phrase caught on after Judge Peck and others started citing to this article, which later became a chapter in my book, Adventures in Electronic Discovery, 209-211 (West 2011).

 

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