A Look Right into eDiscovery
eDatadiscovery
As the universe continues to evolve digitally such as unleashing new forms of innovation in communication yet there is still a need to maintain affordable and efficient eDiscovery approach. In the past years, most companies invest in paying outside law firms and vendors to work on e-discovery process. However, nowadays legal teams become more conscious about the expenditure of outsourcing that is why they opt to use e-discovery inside the company.
Nevertheless, it is not that easy to develop strategies of in-house e-discovery. It is important to consider other business units involve, take into account the company needs and determine which parts and how much of the process should be used. In order to start right with the in-house e-discovery process the company should use the Electronic Discovery Reference Model that includes identification, collection and preservation of discoverable information. Whatever steps you may use in undertaking the in-house process it is necessary to uphold EDRM in order to obtain positive result.
Moreover, when deciding to bring the process in-house, both the legal departments and IT departments should develop meaningful relationships. These departments should hold frequent meetings so that they can recognize their various styles in decision making, tempos, jargon and personalities. Obviously, the technology department and the legal department speak in different languages. In this sense, both departments should discuss the challenges that each department is facing.
On the other hand, if the company is not comfortable of developing the methodologies, the best option is to hire consulting organizations. Hiring an expert is a smart step and a great help to the company in navigating the obstacles of starting the in-house plan. At this point, it is necessary to know the key components of defensible and successful process. You can find the key components from websites of companies that cater this approach.
Definitely, it would be hard for the company to undertake the planning process when it comes to the cost. Thus, when presenting the plan to the senior management it should be regarded as risk/cost-benefit analysis. In the same manner, the company should remember that the industry is too tough and is the survival of the fittest. That is why it is important to avoid mistakes in making decisions. Likewise, big problems would arise in case the legal department and IT department are not supporting and assisting each other in upholding the process in-house.
Using an e-discovery solution is a great help to the company in carrying out the process. However, it would mean hard costs in obtaining hardware or software as well as the cost of hiring experts and other people involve in the process and planning. Using technology and hardware should be maintained by a professional. Nevertheless, over spending can be minimized by assessing the workload of each staff. That is why it is ideal to start small in order to avoid spending too much of dollars. Nevertheless, using the solution does not guarantee success unless all the plans and programs are well-defined in writing, in data map and discovery manual that all concerned individual would follow.
eDiscovery Guidelines
Electronic discovery, or widely known as eDiscovery, is an important process in litigation as it is the way of identifying, collecting, preserving, and dealing out with electronically stored information to convert it into a relevant document to be presented in court in the course of litigation proceedings. But the processing of the electronic data, or also known as ESI, is a series of complex procedures that correspond to certain guidelines for electronic discovery. Although the guidelines may vary from every state or country, in general, litigators, IT personnel, large corporations, organizations, and businesses have big responsibilities in preserving the discoverable data as electronic evidence in lawsuits or any legal actions.
Generally speaking, not all corporations, organizations, and even small businesses have their retention policy regarding the handling of electronic data and documents that are being produced as part of their day by day transaction. Emails, spreadsheets, and word processing files are the most common forms of electronic data, not to mention the photos, videos, and instant messaging chats that are also considered as discoverable information for electronic discovery. Just imagine that within a week all these data and documents are being piled and for just few months the volume will become larger, without retention policy some of the valuable information can be modified, altered, overwrite, and deleted; which is commonly regarded in litigation as “spoliation of evidence”.
The aim of the retention policy as one of the guidelines in eDiscovery is to provide awareness to corporate and business owners on the subject of retention of files and documents either it is paper-based or digitally-processed (ESI). Paper documents are normally stored in huge stockpiles but can be electronically-reprocessed to convert it into digital or electronic format such as PDF or TIFF files. By doing this, it would be easy for the litigators to locate the data that shortens the time for searching, as normally there is a given time frame by the court regarding the request for electronic discovery. The fastest the ESI are identified, analyzed, and proliferated, this results to low cost and low risk (such as embarrassment, sanctions, and penalties).
However, the retention policy should focused well on what are needed to retain, who are responsible, where it will be preserved, when it is considered necessary, and how the procedures will be done in accordance to the rules of court. The whole process can be very complicated without a systematic planning and management skills, wherein the responsibility is being given to owners or managers of businesses and organizations. The job of the legal and IT team is to make sure that the policies are strictly followed based on the principles of electronic discovery.
Furthermore, all the relevant data as product of the eDiscovery process should be preserved so it will not be stolen, modified, or lost. Sanctions are usually given to companies and organizations who failed in protecting the discoverable data as part of the guidelines for electronic discovery. Therefore, it is necessary that the in-house legal team, management department, and the IT department are working hand in hand in formulating the procedures for the detection and safeguarding of significant ESI.
