Monday, February 1, 2010

Search Terms in Electronic Discovery Important

Summary by Gibson, Dunn attorneys of a case where the judge chastised attorneys for not developing appropriate key words and search terms. Good reading about the need to consult the client for keywords, as well as the importance of checking the results you get from a given search to make sure you don't get "false positives".

The judge noted that this was "just the latest example of lawyers designing keyword searches in the dark, by the seat of the pants, without adequate (indeed, here, apparently without any) discussion with those who wrote the emails."