At least insofar as the duty to produce materials that are readily available in electronic form is concerned, the Committee's conclusion appears to be unassailable. The key questions that may arise in New Hampshire or in other jurisdictions in the future may concern whether a law firm may permissibly use its fee agreement to shift to the client part or all of the cost of gathering electronic materials together, and the nature of any duty on the law firm to reconstruct electronic files even if it would prove extremely costly to do so and even if there would be little or no net benefit to the client from doing so.

The committee concluded with a reminder for firms to consider whether they have adequately informed former clients of any file destruction policies with regard to paper and electronic records.