Five eDiscovery Decisions

Five eDiscovery Decisions that Determine Success: eDiscovery Best Practices

Want to make the right decisions at every stage of the EDRM? Here are five eDiscovery decisions that determine success from Level Legal!

In their blog post titled (wait for it!) The Five eDiscovery Decisions that Determine Success (available here), Level Legal discusses how most modern cases are won and lost in the discovery phase, long before trial, and the eDiscovery decisions you make will determine whether you end up with the win.

eDiscovery is a sequence of five decisions you own, each of which can advance your case strategically or derail it publicly. Their article walks you through those five decisions and gives you the context and reasoning you need to operate credibly from day one.

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The article is an excerpt from Level Legal’s 29-page publication, eDiscovery 101: A Field Guide for Associates, which is a terrific discussion of everything new attorneys need to know to set up an eDiscovery process for success, including checklists for each phase, example decision-making scenarios, how to identify issues to escalate, and much more.

As they note in the article: “Making the right decisions during the discovery process will arguably matter more to the success of your case than any other decisions you make. It is also where associates often bear much of the day-to-day responsibility. This includes running searches, drafting legal hold notices, coordinating collections, and communicating with opposing counsel about what has and has not been done. Those responsibilities carry real consequences. ‘I didn’t know’ is not a defense. The courts have been clear for two decades that competence with ESI is a basic skill required to practice law.”

So, what are five eDiscovery decisions that determine success? Find out here, it’s only one click! Clicking is the first decision that will lead you to those five decisions! 😉

So, what do you think? Are you prepared for the decisions you need to make in discovery? Please share any comments you might have or if you’d like to know more about a particular topic.

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Image created using DALL-E-3, using the term “robot lawyer wearing a suit sitting in a law office holding up five fingers”.

Disclosure: Level Legal is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the authors and speakers themselves, 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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