Recently I was asked to give a talk on how to determine whether the client should collect electronically stored information (ESI) in response to a discovery demand (self-collection) or whether a vendor should be brought in to do forensic collection. I was further asked to provide a list of questions to ask when the client insists, even against the advice of counsel, to perform a self-collection. Circulation of my handout at, and even before, the talk elicited so much discussion amongst colleagues that I decided the topic merited a column.
Not to keep you in suspense, my short answers were:
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