Q:
How did you get into E-discovery?
A:
I began my legal career at Skadden Arps working on major litigation matters that usually entailed a significant amount of e-discovery. As a junior associate, I was quickly put in the position of running and managing large document reviews. The learning curve was steep — nothing I’d done in law school or during my clerkship had remotely prepared me for that work — but once you’ve done it a couple of times you can identify the pitfalls and issues much more easily. I’ve never been afraid of the more technical aspects of e-discovery and can hold my own with IT professionals, and this has helped immensely in gaining the confidence of clients and other lawyers I work with.
Q:
What is the biggest shift you’ve seen in e-discovery in your career so far?
A:
The fact that judges are really starting to understand these issues is a significant shift, and means that litigants aren’t going to be let off the hook for bad e-discovery practices as frequently. I’ve been before magistrate judges in the last few years who were very well-versed in the industry lingo and understood the basic concepts better than many lawyers I’ve been across the table from.
Q:
What is the biggest misperception to overcome?
A:
Some attorneys view e-discovery work as somehow beneath them or not worthy of their time. They do not understand that this is the secret to learning the facts of their case — which is obviously essential to successfully prosecuting or defending against any claim. It’s simply not possible anymore to look at every potentially relevant record that might exist — the universe is just too broad. Another issue is cost: e-discovery costs can be the difference between a happy client and an angry one, and lawyers who don’t know how to manage those costs are not going to be successful at managing the case (and budget) as a whole.
Q:
What is one thing all lawyers need to know about e-discovery?
A:
Lawyers have an ethical obligation to either understand how to do e-discovery, or bring someone into the case who does. It’s that simple.
Caitlin is a partner at Buckley LLP and the attorney lead for FORTÈ. She has spent most of her career in the e-discovery trenches, advising clients on responding to subpoenas and discovery requests in litigation and enforcement matters. In her nearly 15 years in private practice, Caitlin has represented individuals and companies of all sizes in dealing with extensive information requests from both government agencies and private parties, many of which have presented unique and cutting-edge technological issues. Caitlin also advises clients on information governance issues and has extensive experience working directly with business teams on document retention and preservation issues. Caitlin received a B.A. from Carleton College, her J.D. from University of Chicago, is Co-Chair of Buckley’s E-Discovery Committee, and a member of the Sedona Conference (Working Group 1).
