By Cliff C. Serrano, ECMS, MCSE

1. By Cliff C. Serrano, ECMS, MCSE

2. What is E-Discovery? E-discovery, short for electronic discovery, is the process by which litigants find (i.e., discover) and produce documents stored in electronic form in response to litigation, corporate investigations, or regulatory inquiries.

3. The E–Discovery Process E–discovery is an evolving business process comprised of various stages. The most generally accepted depiction of the entire e–discovery process can be found in the Electronic Discovery Reference Model (EDRM) Project. Launched in May 2005, the Electronic Discovery Reference Model (EDRM) Project was created to address the lack of standards and guidelines in the electronic discovery market – a problem identified in the 2003 and 2004 Socha–Gelbmann Electronic Discovery surveys as a major concern for vendors and consumers alike. The completed reference model provides a common, flexible and extensible framework for the development, selection, evaluation and use of electronic discovery products and services.

4. Electronic Discovery Reference Model (EDRM) Project

5. Information Management Developing and implementing an effective records management program is a complicated, time–consuming task that requires a multi–faceted team of professionals committed to fully understanding the business and the types of records created by the company. More and more in the business world today, documents are being created in or being transformed into electronic format.

6. Identification Determine the scope, breadth and depth of electronically stored information that might be pursued during discovery. Take into consideration any claims and defenses, preservation demands, disclosure requirements and discovery demands. Start with a larger pool of potentially discoverable electronically stored information and from there assess how much should be preserved and collected.

7. Preservation Ensure that electronically stored information is protected against destruction or alterations.

8. Collection Gather electronically stored information from various sources (tapes, drives, portable storage devices, networks, etc.). Preservation and collection sometimes overlap.

9. Processing Reduce the overall set of data you have collected by setting aside files that are duplicates. Consider, as well, setting aside files you have good reasons to believe are not going to be relevant because of factors such as type, origin, or date. To the extent needed, convert electronically stored information from the form in which you found it to one that allows to you conduct a more effective and efficient review.

10. Review Evaluate collected electronically stored information, frequently for relevance and privilege; related activities such as redaction.

11. Analysis Analysis is the process of evaluating a collection of electronic discovery materials to determine relevant summary information, such as key topics of the case, important people, specific vocabulary and jargon, and important individual documents. This information is useful at the outset before detailed review is conducted to help with important early decisions and to improve the productivity of all remaining electronic discovery activities. Analysis is performed throughout the remainder of the process as new information is uncovered and issues of the case evolve.

12. Production Deliver electronically stored information to various recipients (law firm, corporate legal department, service provider, etc.). Deliver electronically stored information for use in other systems (automated litigation support system, web–based repository, etc.). Deliver electronically stored information on various media (CD, DVD, tape, hard drive, portable storage device, paper, other).

13. Presentation Although this stage comes last in this list, think of it as the first. Consider early and often how you can most effectively present the electronically stored information at depositions, hearings and trial. If, for example, you want a key witness to walk though a live spreadsheet at trial, you better not have produced the file only in paper form.

14. Electronic Discovery Reference Model Nearly every organization of any size will face an inquiry on electronically stored information for litigation, regulatory compliance, or corporate investigations. Whether a vendor, consultant, law firm attorney, in–house counsel or corporate IT manager, there are benefits to being aware of EDRM best practices and sharing advice on managing this complex process and technology.

15. Reference The Electronic Discovery Reference Model http://www.edrm.net

16. Thank You!