I’m glad to come across your reference to Rule 1. I’d not thought of that before!

We are still in the early days of e-discovery, and we have much to learn. One idea: Knowing e-discovery is inevitable, an enterprise can use technology proactively to make its e-records more benign. –Ben
http://hack-igations.blogspot.com/2008/05/nix-smoking-gun-e-discovery.html

I think it simply tends to get lost in all the concerted efforts and focus on compliance with the other Rules, including sanction avoidance.

We’ve all seen recent cases in which the discovery sanctions have been much more expensive than a decision on the merits alone, relatively speaking (recognizing the two are intertwined under the rules, e.g., an adverse inference often heavily influences the decision on the merits).

Thus parties and their counsel have the thankless task of deciding where to best spend their money for the desired outcome.

-Jeff Beard

[These comments are solely my personal opinions and viewpoints. They do not represent or reflect (nor are they intended to represent or reflect) the positions, opinions, viewpoints, policies and/or statements of my employer or any other entity or person.]

Thanks for the comment and I hope you had a great Mardi Gras!

Best

M.

I can not agree with you in 100% regarding some thoughts, but you got good point of view…

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Thanks for sharing and keep Good Work bro… !!…