In this post, ProSearch discusses that while a strong discovery strategy can seem clear, here’s where eDiscovery strategy breaks down.
ProSearch’s blog post titled (wait for it!) Where eDiscovery Strategy Breaks Down: The Handoff from Plan to Execution (available here) discusses how a strong discovery strategy can look clear at the outset. The legal team understands the issues. The scope is defined. The deadlines are known. The plan makes sense on paper.
Then the matter moves into execution, and the real complexity begins.
Data sources are more complicated than expected. Collection raises new questions. Review teams need more context. Technology choices affect downstream workflows. Deadlines compress. Priorities shift. What started as a thoughtful strategy can quickly become a series of disconnected tasks if the handoff between planning and execution is not managed carefully.
The Handoff Is Where Strategy Gets Tested
In eDiscovery, strategy is only as strong as the process used to carry it out. A preservation plan, collection protocol, review approach, or production schedule may be well designed, but each one depends on accurate translation into day-to-day work. That translation is where risk often appears.
If legal priorities are not clearly communicated to the technical team, collections may be overbroad, incomplete, or delayed. If the review team does not understand the issues behind the search terms, coding decisions may become inconsistent. If production requirements are not considered early enough, teams may need to revisit work already completed. These are not always failures of strategy. More often, they are failures of connection.
So, why isn’t task management enough? And how can ALSPs help? Find out here, it’s only one click! Don’t fumble the opportunity to learn more! 😉
So, what do you think? How effective is your organization’s execution of its eDiscovery strategy? Please share any comments you might have or if you’d like to know more about a particular topic.
Image created using ChatGPT, using the term “robot quarterback and a robot running back failing to execute a handoff”.
Disclosure: ProSearch is an Educational Partner and sponsor 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.
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