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Working with ediscovery providers that can be flexible and can staff up or down to support a variety of eDiscovery challenges is the key to a successful discovery process.
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What is e-discovery and what are the various stages of e-discovery? E-discovery, or "electronic investigation", refers to the legal process during which parties gather and examine electronic information. Its objective is to guarantee the proper preservation of electronic documents that will serve as evidence in the context of a legal case. E- discovery can also involve court-ordered or government-sanctioned hacking when exhibits are deemed essential to the case. As electronic formats have gradually become the norm, ediscovery service providers also occupy an increasingly important place in the American legal system. In the United States, this formal and regulated procedure has become an essential component of the search for
evidence. In 2005, the Federal Rules of Civil Procedure (FRCP) were revised to respond to the growing popularity of e-discovery. The e-discovery process is both complex and multi-layered. It is not a single task, but rather a set of steps and actions that aim to establish solid evidence for a judgment. The types of electronic information that may be collected are numerous and may include but are not limited to notes, documents, emails, voicemails, audio files, video files, database files, etc. This process is usually initiated when the prospect of litigation seems likely. The document collection processes themselves are just as delicate and subject to change depending on the mode of storage of the data and their complexity. Indeed, electronic data is heterogeneous and generally contains metadata (for example, a timestamp) that must be preserved. To prevent tampering or tampering with evidence, eDiscovery must be thorough and meticulous to protect the original content. Once all relevant data has been collected by both parties, it is indexed and stored in a database before a legal hold is applied. The data can then no longer be changed or deleted. The two parties are then free to proceed with their examination in order to extract any useful document. The different stages of e-discovery The Electronic Discovery Reference Model (EDRM) is a diagram that details the different stages of the e-discovery process. In general, these steps are as follows:
●Identification: identify the scope and possible location of electronic information related to the matter. ●Retention: prevent the immediate destruction or alteration of this information. ●Collection: collect all this information from the relevant sources. ●Processing: converting electronic information into an easily searchable format and eliminating any repetitive or redundant information. ●Review and analysis: review all the information gathered in order to extract those that are relevant and essential to the case. ●Production: Transmit electronic information to relevant recipients in an easily searchable format. ●Presentation: presenting the electronic information to others during the different stages of the judgment. Why is eDiscovery important? E-discovery is essential, not only for compliance reasons but also for legal teams to properly represent their clients. Lawyers who are unfamiliar with this process will find it increasingly difficult to perform their duties, as the number of documents stored in electronic formats continues to increase. Bar associations have already begun to emphasize the need to stay informed about the benefits and risks associated with this technology.
The importance of e-discovery is less and less discussed in the face of large-scale lawsuits, the outcome of which is increasingly based on minor information from an e-mail or documents. Working with ediscovery providers that can be flexible and can staff up or down to support a variety of eDiscovery challenges is the key to a successful discovery process. Read More — The 5 Most Important Criteria For Choosing An eDiscovery Service Provider