Questionable discovery practices have been around for as long as litigation. While most officers of the court act in good faith, today's big data realities present increasing challenges that legal teams must overcome. This article offers smart suggestions including the appointment of a neutral discovery referee to guide the adversaries and aid them in an efficient, defensible and proportional exchange of evidence.
Perhaps the prescription is neither more rules nor technology. Instead, e-discovery needs the same real-time regulating agents employed by professional sports leagues: referees.