Ten Great Tips for Better ESI Expert Reports: eDiscovery Best Practices

Sometimes, when you need a terrific blog post topic to cover before a long weekend, one just drops down from the heavens (or at least the Internet) for you.  This list is so good, I’m even going to resist putting Craig Ball in one of those silly graphics I like to do with his face superimposed onto some other body (you’re welcome, Craig!).    Here are ten tips for better ESI Expert reports, courtesy of Craig Ball.

In his latest post Ten Tips for Better ESI Expert Reports, Craig provides, well, ten tips for better ESI Expert reports (duh!).  Craig acknowledges “If these were rules, I’d have to concede I’ve learned their value by breaking a few of them”, but that’s sometimes how we learn what to do and not to do, after all.  So, without further ado, here’s Craig’s list of ten tips for better ESI Expert reports on technical issues in electronic discovery and computer forensics:

  1. Answer the questions you were engaged to resolve.
  2. Don’t overreach your expertise.
  3. Define jargon, and share supporting data in useful, accessible ways.
  4. Distinguish factual findings from opinions.
  5. Include language addressing the applicable evidentiary standard.
  6. Eschew advocacy; let your expertise advocate for you.
  7. Challenge yourself and be fair.
  8. Proofread.  Edit.  Proofread again. Sleep on it. Edit again.
  9. Avoid assuming the fact finder’s role in terms of ultimate issues.
  10. Listen to your inner voice.

While Craig states that “[m]ost of these are self-explanatory”, he (of course) provides “clarifying comments” which add a whole lot more perspective to these tips.  I won’t steal his thunder on those, but they’re absolutely imperative to check out to better appreciate the tips themselves, so check out his post here.

So, what do you think?  Can you think of any other good tips for better ESI Expert reports?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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