Awash In E-Mail, Firms Embrace E-Discovery; Taking A Keen Eye To Records; More companies preparing for the discovery period of lawsuits by tracking e-mail.(INTERNET & TECHNOLOGY)

Byline: J. BONASIA

The rapid growth of e-mail is pushing many companies toward a new legal frontier: electronic discovery.

In the past, corporate lawyers exchanged reams of paper documents during the discovery process -- the period before a case goes to court when litigants share evidence. Now, as e-mail and other electronic records take precedence, companies are scrambling to launch e-teams, says Bob Owen, a partner with the law firm Fulbright & Jaworski.

The idea is to pair staff attorneys with outside legal experts who use software systems to manage electronic records. Having the right data at your fingertips can make all the difference in a case, Owen says.

"We're all struggling with this transition from paper to bits and bytes," said Owen, who started his firm's e-discovery group in 2003. "Savvy lawyers for plaintiffs can now turn a losing case into a winner just by pressing on these e-discovery buttons."

Managing e-mail records is no small issue. Courts have ruled that companies must produce all e-mail records related to litigation. And most large firms are engaged in dozens of lawsuits at any time.

Numerous recent cases have hinged on e-mail.