Attorneys for whom I consult will often ask me what the best way is to learn how to request e-discovery. I usually joke, “Other than taking one of my CLEs?” and then tell them that the best way to learn what to ask for in e-discovery is to have to produce it.
When you have to take ownership of the process—(1) understand the legal issues involved; (2) identify all people with any involvement in the matter; (3) identify all of the locations (hard drive on their computers, email and file servers, external media, Web-based email, cloud repositories) where these people stored potentially responsive files; (4) make sure that all of the electronically stored information in all of these sources has been collected, processed and reviewed (file-by-file, searching first using keywords and date delimitations, technology-assisted review); (5) produce all responsive, nonprivileged files—you learn what to ask for from opposing counsel, how best to ask and how you will know whether you are getting everything you’ve requested.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
