The Institute for the Advancement of the American Legal System conducted a survey of Chief Legal Officers and General Counsel “in an effort to capture how businesses experience the American civil justice process.”  The results, outlined in this report, suggest that litigants are concerned with the cost (both monetary and otherwise) of e-discovery. The results showed that within the last five years, most companies reported an increase in active cases and costs, without an increase in the number of trials. The most common culprit for the cost increase? According to the report, “Those who indicated increasing costs most commonly cited discovery in general, and e-discovery in particular, as the basis for the trend.” The report also stated that “exactly 65% indicated that their company does not have sufficient in-house or outside expertise and infrastructure to conduct an e-discovery search ‘without undue cost and delay.’” Other e-discovery concerns besides cost? 40%, 60% and 70% of respondents complained of violations of discovery rules, harassment of the opposition by “giving obviously inadequate answers” and “overuse of permitted discovery procedures,” respectively. With only 5% of respondents reporting “solely traditional paper discover yin all cases,” it is clear that e-discovery is overtaking traditional discovery in litigation. With this shift, firms need to be aware that there are solutions that are cost efficient and also increase case security and efficiency during e-discovery.