SAN FRANCISCO, March 21, 2019 /PRNewswire/ -- Logikcull, the leading provider of cloud-based discovery software, has published a new report identifying dramatic changes in the application of legal sanctions in the three years since the promulgation of highly publicized amendments to federal procedural rules. The report surveys hundreds of federal cases, representing the first attempt to measure the impact of rule changes on corporate litigants in terms of costs and risks incurred. It is a must-read for general counsels, chief legal officers and others responsible for reigning in litigation spend amid soaring data volumes and mounting pressure from the C-suite to curb costs associated with law firms and third-party vendors.
Logikcull's research looks closely at the judicial application of evidentiary sanctions, and how a relatively few high-profile cases have created a culture of fear around the process of discovery. Rule changes, however, have precipitated a steep decline in sanctions and, the report contends, created opportunities for corporate legal teams to insource discovery without fear of incurring risk. Traditionally, discovery-related work, which by some estimates accounts for up to 75% of all corporate legal fees, has been outsourced to high-priced vendors and law firms to reduce the risk associated with performing those complex tasks internally. But those concerns, some contend, are largely overblown -- especially as easy-to-use discovery tools become more widely available and as the rate of sanctions for performing discovery incorrectly continues to drop.
In commenting on the report, retired federal judge John Facciola, who has authored some of the most influential discovery-related rulings, said, "Excellent insight. I always found that the fear of sanctions was an unreasonable motive that drove [discovery practices] that were self defeating."
Judge James Francis, also a former federal judge and expert in discovery law, added, "Too often, judicial policy is based on what is, at best, 'anecdata.' Solid empirical research like this is too rare, and often gets drowned out by the special interest lobbying."
The report is available for download at logikcull.com/sanctions.
Logikcull provides Instant Discovery for modern legal teams, including those within Fortune 500 companies. Corporate legal departments use its cloud-based solution to save time and money by bringing discovery in-house. Recently, Logikcull was named the top performer in G2Crowd's first ever eDiscovery Software Momentum report. To learn more, visit Logikcull.com or sign up for a free account.
Sr. Director, Logikcull.com
Sanctions Over Time
Percentage of sanctions motions granted over time.