How to Collect Data for E-Discovery

After archiving and preserving electronically stored information for the purposes of e-discovery, the next step is to collect this information once litigation arises. The process of collection almost always must be aided through the use of technology. But technology alone cannot accomplish collection, as the inherent risks of technical errors is too great. After reading this article, you know how to properly collect data for e-discovery.

Things You'll Need

• IT staff
• Legal department
• Data map
• Collection software
• Law firm (optional)
• Consultants (optional)

Instructions

Collecting Data for E-Discovery

1. Instruct IT to review your data map for all locations in which electronically stored information is stored. Ensure that network locations along with remote devices are accounted for, including laptops and PDAs.

2. Review the complaint that the opposing party filed with the court. Based on the complaint, identify the type of information and the custodians of this information who may be relevant to the collection.

3. Consult legal regarding the specific request of the opposing party. This should have been done during the mandatory meet and confer period as outlined in the amended Federal Rules of Civil Procedure. This meeting should have narrowed down the type of information that must be collected for e-discovery.

4. Deploy collection software and be sure to target those areas and custodians within the corporate network that have been identified as relevant to the case. If the company does not have such software, instruct IT to capture all relevant information and to sequester it in a separate repository.

5. Tag information as it is coming in through the collection pipeline if it is obvious that it is either responsive to the request, unresponsive to the request or subject to attorney-client privilege. If this is possible to do, it will save you money and time during the latter part of the e-discovery process.

6. Ensure all information collected is stored in a secure location. A back up of this information should be created in the event of a disaster or an unexpected mechanical failure.

7. Track all actions taken during the collection process. This is important if the opposing party or judge questions your actions in court.

Tips & Warnings

• Although collection software is not necessary to execute a collection, it is highly recommended. Automatically sequestering information relevant to a case will save time and greatly reduce risk.

• Be prepared prior to the meet and confer conference. Preparation can greatly reduce the amount of time spent on a wild goose chase for information that may or may not actually exist within the company.

• IT personnel historically have had difficulty communicating effectively with legal and vice versa. Ensure there is some medium to translate the needs of both departments. A director of e-discovery or an outside consultant is recommended.

• Ensure your data map is up-do-date. Failing to capture relevant information can result in monumental sanctions against a company.