If you are right now engaged with a legal dispute or expect one sooner rather than later, having areas of strength for an eDiscovery is fundamental. This information is crucial for your case. We should envision you are an entrepreneur who has as of late been presented with a claim and you are new to eDiscovery.
Where would it be a good idea for you to start?
Just sit back and relax, we take care of you. In this post, we will delve into the wonderful world of eDiscovery terminology and give you data about the what, why, how, and who of eDiscovery.
What is eDiscovery?
eDiscovery is a way of sorting a specific form of legal discovery. In the legal process Discovery is a broad term for sharing any evidence, facts, or witnesses relevant to the case at hand. It is an important integral and historic part of the legal procedure — to ensure fairness by providing both parties a level legal playing field for both parties, each with equal excess to the information.
With the prevalence of technology into more and more aspects of life, eDiscovery has emerged as the primary method of discovery. Any digital information is termed as ESI, or electronically stored information. This includes:
- Text messages
- Spreadsheets
- Word Documents
- Voicemail
- Social Media
- Search/Website history
Why is eDiscovery Important?
It’s hard to stress how important it is for eDiscovery to be done competently and accurately for your legal issues. As mentioned above, the expanded use of digital networks has increased the need for e-discovery more than before. Failing to handle the data properly can be a nightmare situation to navigate.
How does eDiscovery work?
This is a multistep journey characterised by its nonlinear and ongoing process. steps are often checked and can involve several changes depending on the case trajectory. We are here to guide you and your legal team through this process. Let’s delve in :
- Information Governance
- Identification
- Preservation & Collection
- Processing/Review/Analysis
- Production
- Presentation
1:Information Governance:
It refers to the process of organising and managing electronic information in order to check risks and expenses that may arise during eDiscovery. This involves establishing a balance between utilising and securing the electronically stored information (ESI).
2:Identification:
This stage is the first and important step that involves searching through the data and identifying the important documents and data points that need to be sorted from the bulk of documents. For parties in a case it also provides an opportunity to prepare and discuss the extent and limitations of eDiscovery as it relates to the case.
3:Preservation & Collection
After the data has been sorted, it is crucial to secure it to prevent spoliation and tampering by any party. If you are the one who is possessing this data, you will receive a legal hold request instructing you to not to delete those documents.
Once all the electronically stored information has been preserved in a defensible manner, the data collection must be uploaded in a way that all of the metadata is in its original format with all its key attributes intact.
4:Processing/Review/Analysis
In Processing taking the data collected and preparing it for review by the attorneys on the case. By using advanced eDiscovery software for accurate data processing, attorneys work to eliminate redundant, irrelevant or unnecessary data.
In the Review the ESI is carefully assessed for relevance to the case, as well as what should be counted towards attorney-client privilege. Ai ( Artificial Intelligence) is continuously being used in eDiscovery mainly during the review process for clients attorneys that saves both time and money.
Analysis focuses on evaluating patterns in the ESI that could be pertinent to the case. While data analysis should occur continuously in the EDRM process, it mainly becomes useful once superfluous data has been removed.
5:Production
After the process has determined which ESI relevant to the case, it must be produce as potential evidence. Effective Communication between parties involved during the entire EDRM process will facilitate a smoother production, as it is mandated by Federal Rules of Civil Procedure.
6:Presentation
In this step the determination is made on how the ESI will be presented during hearings, trials, and other proceedings. The presentation of data should be appropriately formatted for each case, and be prepared to be showcased in front of a jury.
eDiscovery is an essential component of the legal process, starting from the indictment until the trial. It has an impact on various industries such as the Lawyers who constantly deal with extensive information. using eDiscovery speeds up the work in a secure and efficient manner. Becoming well-versed in the intricacies of eDiscovery is no small accomplishment and can be overwhelming depending on the size of one’s practice.
