All discovery is now e-discovery, because 95 percent of records are created and stored electronically,” Judge Shira Scheindlin stated at the ARMA International 2006 Conference & Expo. Consequently, attorneys must be comfortable guiding clients through the e-discovery process, and, in particular, the collection of electronically stored information (ESI).
There are several phases to e-discovery: information management; identification of potential sources of relevant information (necessary to issue an effective litigation hold); preservation and collection; processing, review and analysis; production; and presentation. See Electronic Discovery Reference Model (EDRM) for a basic framework of the phases of e-discovery, available online at www.edrm.net. This article focuses on best practices for ESI collection, guiding clients through the ESI collection process and dealing with “unduly burdensome” requests for ESI.
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