New Rules and New Faces Point to Bright New Future for E-Discovery

Updates to the Federal Rules of Civil Procedure and a rising crop of tech savvy attorneys have Magistrate Judge John M. Facciola (Ret.) of the U.S. District Court for the District of Columbia optimistic about the future of e-discovery.

Widely recognized as a giant in the world of e-discovery, Judge Facciola believes that recent amendments to the rules have the potential to significantly improve the discovery process and the way lawyers talk about discovery requests. “The positive effects of the Rule will be seen in these conversations, and not so much in the opinions coming out of the courts,” he said. In a system challenged by the growth of electronically stored information, endless advancements in technology, and rising litigation costs, any increased communication between attorneys that can decrease the excessive time and money spent on discovery is a welcome development.

In addition to the rule changes, Judge Facciola believes the future of e-discovery is bright because “today’s millennial attorneys have a different—and likely, better—grasp on the technological challenges facing the justice system.” This technological acumen is particularly important today as many prominent e-discovery judges prepare to leave the bar and pass the torch to the next generation of attorneys. But despite this changing of the guard, Judge Facciola, and IAALS, look to the future with optimism.

Mark Staines is a second-year law student at the University of Denver Sturm College of Law and contributes to IAALS Online. Please direct inquiries about this post to iaals@du.edu.