On September 9th, the Institute for the Advancement of the American Legal System (IAALS) and the American College of Trial Lawyers (ACTL) Task Force on Discovery released the results of a survey of trial lawyers from across the country. The survey called electronic discovery a “morass,” with 87% of lawyers stating that e-discovery is too costly. The survey also found that the excessive cost of discovery is forcing settlements, instead having settlements take place on the merits. Lawyers also believe that judges do not do enough to control excessive discovery, especially with costly e-discovery, with 89% of lawyers saying judges needed to assume a greater leadership role.

The ABA Journal article on the survey, including a link to the report, may be found at http://www.abajournal.com/news/litigation_too_costly_e_discovery_a_morass_trial_lawyers_say/print/