Wendy Akbar of Quarles & Brady blogs about how e-discovery practice is turning the traditional partner-associate dynamic on its ear.  The wizened (and aged) partners end up being rank newbies where e-discovery is concerned, while the baby associates tend to have a much greater grasp of the technology behind the ESI.  (The analogy of associates to “clowns” is Wendy’s analogy, not mine … read her blog post to find out why it’s not an insult.)

Wendy points out that the in the recent case of Chen v. Dougherty,  the prevailing party’s counsel was not allowed to collect her usual hourly rate as attorneys’ fees for time spent on e-discovery, because “her inhibited ability to participate meaningfully in electronic discovery tells the Court that she has novice skills in this area and cannot command the rate of experienced counsel” (quoting the opinion).