the Seventh Circuit’sclosely watched pilot program on electronic discovery entered its second phase in August, after recording tentatively positive results in May from its first phase. Survey results after the first six-month phase indicated that forcing parties to adhere to a set of pretrial principles can help minimize e-dis-covery costs and disputes.
James Holderman, chief judge for the Northern District of Illinois, launched the program in May 2009 after hearing complaints from attorneys and other judges about the overwhelming costs of e-discovery. Some lawyers were settling cases based on the potential cost of e-discovery, not on the merits of the case, Holderman says. Although phase one lasted only six months, Holderman is already optimistic for the program to go national by 2012. “Our goal is to change the culture of pretrial litigation for the better,” he says.
