Important Update:  Please support ongoing LCJ FRE 502 and E-Discovery Efforts now entering critical stages

Proposed Federal Rule of Evidence 502 will help limit the skyrocketing costs and delays that result from the need to conduct the exhaustive privilege reviews currently required to ensure against waiver of the attorney-client privilege and attorney work product protection.  The Rule responds to the needs of both plaintiffs and defendants and is widely supported by judges, lawyers, and litigants.  Because this is a rule affecting privilege, it must be approved by both houses of Congress and signed into law by the President.  On February 27 the Senate unanimously passed S.2450, legislation that would adopt FRE 502 as proposed by the Judicial Conference (click here for report).  LCJ is working closely with a broad coalition to promote sponsorship and support in the House Judiciary Committee.   Since the U.S. Senate has passed S. 2450, LCJ is urging the prompt introduction and passage of this bill in the U.S. House of Representatives.  Please contact members of the House  Courts Subcommittee as well as the  Full Committee on the Judiciary to encourage introduction and passage of identical legislation at the earliest possible time. 

E-Discovery state action teams are now being formed for New York, Illinois, Florida, Massachusetts, Michigan, Tennessee, and Pennsylvania.  LCJ is working to ensure that state procedural rules are consistent with the new federal rules, which we believe to be fair and reasonable guidelines that will reduce the costs and burdens associated with e-discovery.  Our very large, geographically diverse, and active E-Discovery Committee meets monthly to support individual state efforts to enact new e-discovery rules.  Official Comments were submitted in five states (Iowa (new IA rule), Alaska, Virginia, Ohio and Maryland) in 2007, and LCJ enlisted the support of local attorneys to support action in several others.  LCJ is now targeting NY, IL, FL, MA, MI, TN, and PA as crucial states which have yet to adopt the federal rules.  Please contact the LCJ office at 202-429-0045 if you would like to join a state effort.