While we don’t yet know exactly how Alex Jones’ lawyers screwed the pooch so badly, it most likely happened in eDiscovery. And this silliness underscores the serious need for alternative discovery models.
screw up high-stakes discovery disputes. When a document is accidentally handed over, you can actually ask for it back, and the other side has to pretend they never saw it. But a screwup on the scale of Alex Jones’ lawyers is a whole other matter. The memes about his lawyers’ staggering ineptitude are richly warranted. It’s one thing to hand over a text message that should have been held back—it’s another thing to hand over two years’ worth.
Ediscovery often makes or breaks a case. Find the self-incriminating needle in the haystack, and most defendants will settle on the spot, knowing they likely won’t stand a chance at trial. But when plaintiffs don’t find the killer documents, ever-stricter state and federal rules make it harder to get your day in court. Before any trial, plaintiffs have to survive a motion for summary judgment, showing they have proof for every element of their claim.
This has implications far beyond Alex Jones and Sandy Hook, and it goes to the core of what our civil justice system looks like. If we continue down this path, focusing more time and money on increasingly protracted legal battles over documents, our legal system will become even more about money and less about justice. According to the, ediscovery can account for up to half of litigation budgets. And as individuals spend more of their lives online, the issue will only accelerate.
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