It is almost two months since my posting appeared here entitled “Be Not Diminished.” It received a number of cogent comments (and critiques); that told me that what I believed to be the meaning behind my commentary had not been well-understood and that the lack of clarity was, most likely, my own fault. I was certainly not trying to defend “schlocky” e-discovery service providers or even, primarily, complain about the state of the business of vendors in general (which is, however, pretty grim in these fraught times).

Actually, I was attempting to address, a mood of dissatisfaction and pessimism that I believe can have - and has had - a seriously detrimental effect on the state of our discipline and counter it in some, however small, measure.  So, let me try to be more to the point; one that speaks less of business and more of hearts and minds (which was my original, however lost, intent.)

I believe that among those in the practice support and technology fields of e-discovery, in particular (be it those working for service providers, law firms or their clients) there is an abundance of real, and really grim, reality triggering deep pessimism that feeds upon itself.  This has created a surge of negativity that is very difficult to hold in abeyance and does, in various ways, inhibit the best work and even dissuade many of the well-qualified from entering the field in the first place (or retreating from it once engaged.)  The general decline in confidence of those involved in e-discovery practice support (which includes a marked decline in confidence that the discipline itself is proceeding in the right direction) I see as a very serious concern.

This is not just a mere notion I have. I have spoken to many, talented professionals about this and have a good feel for the depth of the problem. One comment on my posting stated “You have no idea how many good, extremely well-qualified, ethical, and committed people are out of work in the industry right now. TONS.”  This is not true – I do know about the numbers out of work; those that fear imminent unemployment; and the ones who are almost over-whelmed with self-doubt and negativity.

In fact, I may know, for various reasons, more about such people than most of my colleagues.  I also know that lack of confidence – for an individual, a group of individuals or even a nation of individuals – can become a self-fulfilling prophecy. So, yes, maybe I shouldn’t practice half-ass therapy here, but someone should tell people of notable talent and ability, struggling through a very rough patch, “Be Not Diminished.”

I was also attempting to advocate a rallying together by those impacted by tough times, some collective action, and mutual support through group interaction.  Whether on the internet, in conferences, more informal meetings or, in some manner, through the vehicle that Georgetown’s Advanced E-discovery Institute can provide such professionals – particularly its E-discovery Training Academy. The fact is that things can change for the better in a field of endeavor when many smart people personally identify with it.  And such personal connection is fostered by making common cause with colleagues.

I believe, this working in concert is a vital factor.  I read recently of a lecture by economist Samuel Bowles’ entitled, “Machiavelli’s Mistake.” Success, he declared, in a high-performance economy simply cannot be based on self-interest alone.  This is true of any complex enterprise, our own one of e-discovery, included. Working together to create change is key; functioning as a “Band of Brothers” is not naïve and should not, as one of my critics has declared in his comment to my blog posting, render it is impossible for the reader to view my commentary “with anything but cynicism and disdain.”   There are constructive things to be done to counter this surge of negativity and I would like to see suggestions in this regard in comments to this posting.

But, first and foremost, I shall re-assert, “Be Not Diminished.”

About Robert Eisenberg

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