I christen this blog with words from David Copperfield, my favorite book by my favorite author, Charles Dickens. I want the heroes of this site to be its readers: the lawyers, judges, support personnel and others with the wisdom to know they must master electronic evidence and the temerity to try.
Blogging is an indulgence and a responsibility. If I want you to visit, I’ve got to give you something worth your time. Here, I’ll share things I’ve picked up about electronic discovery and computer forensics, striving to make those topics as interesting, exciting and engaging for you as they are for me. If I occasionally eke out a well-turned phrase or make you smile, all the better. Now and then, I may indulge in a personal post about something else, but I trust you’ll skip anything that doesn’t catch your fancy.
Speaking of Charles Dickens, did you know he was a blogger of his time (his works were serialized), or that he began his career in litigation (as a court reporter)? In his no-lawyer-should-miss classic, Bleak House, Dickens exposed a legal system savaged by a bench and bar so besotted with process that they lost all sense of purpose. I don’t want to see e-discovery go that way, abandoned to lawyers for whom endless motions and artless discovery are despicably profitable. We can do better.
The exabytes of digital information streaming about us today are rich rivers of evidence that will help us find the truth and move us to do justice more swiftly, more economically and more honorably than ever before. It will require every litigator to master new skills and tools, and alter the approaches and attitudes we bring to the adversarial process. We must reinvent ourselves to master modern evidence or be content with a justice system that best serves the well-heeled and the corrupt. The path to justice is paved with competent evidence and trod by counsel competent in its use.
The finest, brightest people I’ve ever known are lawyers; so, I have no doubt that the bench and bar can become as skilled with new forms of information and evidence as with old. But, it won’t happen until they understand that there are no alternatives. Let’s help each other along.
So, welcome! And thanks for stopping by.