For a better experience, click the Compatibility Mode icon above to turn off Compatibility Mode, which is only for viewing older websites.

Professor and Board Member Lloyd Freeman Addresses E-Discovery Misconceptions in Legaltech News

Adjunct Professor and Advisory Board member Lloyd Freeman

June 09, 2020

Lloyd Freeman, a member of the adjunct faculty and the Law School Advisory Board and a partner at Archer & Greiner, was quoted in a Legaltech News article on the importance of e-discovery education, after Supreme Court Justice Neil Gorsuch suggested that e-discovery “can't be burdensome” during the hearing of Trump v. Mazars, which centers around whether the U.S. House of Representatives’ Committee on Oversight and Reform has the constitutional and statutory authority to subpoena President Trump’s personal and professional financial records.

“It’s very important for all judges and practitioners to sign up for those CLEs and learn those rules and how they affect the practice of law,” said Freeman, who teaches e-discovery and digital evidence at Kline. “It can get quite expensive and time-consuming and too much of a burden for you to comply with.”

Gorsuch’s comment suggested that any burden associated with e-discovery “disappears” in “an age where everything’s online and can be handed over on a disk or a thumb drive.” Freeman, however, holds that this is a misconception driven by tenured attorneys and judges’ insufficient experience with e-discovery, which only became common practice in the early 2000s.

“I think that law schools should take heed to what the justice’s comment underscores[,] the need for law schools to add e-discovery,” stated Freeman.