So you're sitting on a ton of data and you remember we told you to confirm with the other side what you're reviewing to avoid problems down the road. But, what does that agreement look like and what does it need to contain? There are five easy questions to ask yourself, and the other side, to get to the right result.

The “right result” is commonly known as an ESI protocol. This relatively straightforward document sets out the expectations for both sides and is binding on the parties. Depending on the needs of your case, it can be a letter agreement, part of your Rule 26(f) case management plan or a stipulation filed with the court. Any deviation from this written agreement, whether it's to make the search more or less inclusive, requires mutual assent. It should answer the usual five questions: who, what, when, where and how?

Zealous advocacy during negotiations of the ESI protocol can be invaluable in reducing the scope and cost of discovery. While limiting your obligations should be a big focus, remember that you also have to obtain the documents you need from the other side. Asking the right questions and pursuing all the leads will ensure that their production to you is complete and comprehensive.