The ability to identify the issues with existing and any potentially lost data early in your case allows you to understand risks and craft an appropriate strategy for dealing with your client’s data, and what you need to request from the other side and third parties. A new blog series from Kelly Twigger of eDiscovery Assistant promises to provide best practices for issue spotting in eDiscovery and how you should factor them into your discovery strategy for a matter.
The post (Issue Spotting in eDiscovery Part I: How and When to Start), available on the eDiscovery Assistant blog, discusses How and When to Start understanding the Big Picture for your client and this piece of litigation (duh!). The Big Picture drives your discovery strategy. While much of this sounds corporate driven, the same process should be applied to any client.
That Big Picture for a specific case depends first and foremost on how much you know about the sources of ESI that your client uses to create, send, receive and save data, your client’s business, the industry in which they work (if applicable) and other variables that the litigation will impact (including amount at stake). Kelly’s article discusses:
- How to Start – The Client Meeting, which discusses best practices for the meeting and includes a detailed checklist of things to learn at that initial meeting;
- When to Start, including where you can go to see examples of parties that didn’t start soon enough; and
- Takeaways, including a teaser for the next segment.
You can read part I of the series on issue spotting in eDiscovery here. Last year, Kelly published an excellent detailed and informative nine-part series on ESI Protocols (here’s a link to the last part, which has links to the previous eight parts in the first paragraph) and I look forward to the rest of this series as well!
So, what do you think? What does your organization do to accomplish issue spotting in eDiscovery? Please share any comments you might have or if you’d like to know more about a particular topic.
Disclosure: eDiscovery Assistant is an Affinity Partner of eDiscovery Today
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.