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Collecting Work Product from Outside Counsel
Rees Morrison at Law Department Management has interesting thoughts on the “futility of collecting work-product from outside counsel.” He points out (correctly, I think) that the “well-intentioned projects” for corporate law departments to compile electronic versions of the documents that outside counsel produce “languish because someone must retrieve a useful document, get it to the law firm, and the law firm must make use of it for there to be any gain. Each step in that chain diminishes the likelihood that it will happen, with the net effect that the promise rarely materializes.”
I agree.