Use of E-Discovery 'Special Masters'

The special masters, she said, are bound by stipulations, and orders, including restrictions on ex parte communication. "They don't work for free -- they must be "compensated, at prevailing rates -- no pro bono," she said. The special master must as well create an EDD budget: "If disputed, they can come to court," she noted. The special master's fees must be paid monthly, added Conti.

Special master is not for amateurs

But serving as a special master is not for amateurs, he cautions. "If you don't have technical insight commensurate with your legal experience, you have no business serving as an EDD special master," he asserts. "That's not a view poplular with some who offer their services nevertheless have only rudimentary experience or training. Yet this isn't just mediation. You can't just split the baby and get a just or efficient outcome. You've got to get it right, down to the byte, when required," says Ball. "Just because two lawyers agree they can fly doesn't mean you should let them head to the roof."