The eDiscovery process is fraught with potential hazards but some common mistakes can be avoided, says Julia Chain
- Looks at typical mistakes during the eDiscovery process.
Electronic discovery is now the norm in increasingly complex proceedings where discoverable information can be buried in terabytes of data. The consequences of not doing eDiscovery effectively and with care can be fatal, especially in the early stages of discovery planning. While the following is by no means a totality of what could go wrong, it represents some common mistakes when addressing discovery obligations imposed by the courts.
Collection
During collection, the lack of a developed and detailed data map can leave the parties exposed to potential issues as a project moves through the ‘electronic discovery reference model’ (EDRM). In high risk, high speed matters with strict deadlines, if the location of key data is not properly identified, disruption and delays can easily occur during the course of a disclosure exercise. A robust information governance protocol, including any number of general best practices related to organising data, can help create an environment where electronically stored information
