Cost-conscious lawyers and clients sometimes choose to conduct pre-production review of client email in a native email application. They use an installed application like Microsoft Outlook or an internet email program like Gmail. Their goal is to cut e-discovery costs by avoiding the data processing and data hosting fees associated with using a dedicated EDD database review tool. Unfortunately, native application review brings with it risks of spoliation and malware infection. Second and equally important, EDD review tools offer substantial advantages in review efficiency, searching, privilege review and e-discovery process documentation. This article gives 10 reasons to use an EDD review tool instead of native application review.
A Little Technical Background
Depending on the type of email program at issue, an email account can be reviewed natively by accessing the account directly on the client’s PC or by using the client’s Web log-in credentials, as appropriate. More often however email is first copied as part of e-discovery data collection. For purposes of this discussion, there’s no pertinent difference between email data collected from installed applications like Outlook versus Internet email accounts. The email mailbox — messages and attachments, calendar, contacts, etc. — is exported or downloaded and then saved in an email container file. (To provide a reference point, it’s similar to creating a .ZIP file to bundle multiple Microsoft Office documents.) In this scenario, the reviewer opens the container file using the email software, usually Microsoft Outlook that is installed on his or her PC or firm network.
1. Avoid Spoliation
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