Wells Fargo Breach Spotlights the Need for Discovery Competence

Wells Fargo’s shortcomings inform lawyers of the need to take basic discovery measures to safeguard client information from inadvertent disclosure.

, Legaltech News

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Wells Fargo’s shortcomings inform lawyers of the need to take basic discovery measures to safeguard client information from inadvertent disclosure.

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  • Michael Janusofsky

    These discovery nightmares are becoming common, and as an attorney with 30 years in the business, i keep wondering when law firms and in-house departments are going to catch on that you can‘t do high-stakes litigation on the cheap. One contributing factor is the use of forensic document review attorneys that are paid like entry-level legal secretaries (the law firms and placement agencies take home the lion‘s share of the billables). I see privileged documents go out all the time that one of these attorneys have signed off on. In law as in life, you get what you pay for. This money grab is eating away at the integrity of large-scale document productions, and not enough people are talking about it. In the Wells case, a team of experienced, well-paid attorney reviewers should have assisted in the sample review. A thousand documents out of millions in high-stakes litigation is not a "sample." I predicted this breakdown a long time ago. No crystal ball was required.

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