E-discovery obligations stemming from active or threatened litigations and investigations can be disruptive, life altering events for companies. Preservation and collection of potentially relevant information, along with the subsequent document review and production, can cause significant interruptions to business, challenge accepted notions of business process and risk management in an organization, and lead to costs that can be staggering.1 Plus, companies have to deal with these obligations in the context of a constantly evolving landscape of e-discovery law and rules.2
Psychologist Elisabeth Kübler-Ross first introduced the model of the Five Stages of Grief in 1969.3 Over the years this model has come to represent a popular notion for how people react not only to grief, but to other impactful events. As part of the process of understanding, considering, and managing its e-discovery obligations, a company may react in a manner that generally follows these Five Stages. In this article, we consider the Five Stages of Grief in the context of e-discovery and offer strategies for how companies can manage each of these Five Stages of E-Discovery Grief.4
Stage 1: Denial
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