The Art of Cooperation
At 2016 PREX, the premier conference for in-house e-discovery professionals, panelists discuss the pressing issues regarding the duty to cooperate including common motives to cooperate, reasons cooperation can sometimes fail, and what works to bring parties together.
Big picture, cooperation can be strategically advantageous. E-discovery is less expensive when you cooperate. Counsel can narrow the scope more effectively when parties are not fighting about every step. Furthermore, the other side can make the whole process onerous and costly if you start out on the wrong foot. And organizations can reduce the risk of under-preserving data or being second guessed down the road if all sides are in agreement.
Turns out everything we ever needed to know about cooperation, we learned in elementary school and yet, it remains a challenge for counsel who feel obliged to be zealous advocates.
At the 2016 PREX, panelists discussed in The Art of Cooperation: