The E-discovery Guide
After working with several clients mapping their ESI and putting litigation hold protocols in place, we found that outside counsel handling the cases still didn’t have the information at their fingertips they needed to negotiate the preservation, collection and production of ESI. So we developed the E-discovery Guide, a no-nonsense, plain English tool for you to show to outside counsel what they need to know to handle e-discovery.
Each Guide is organization specific, and includes information unique to your processes, including
- Types, location and age of ESI available in the organization,
- Issues to be considered at the Rule 26 conference or state equivalent,
- Technology available in the organization to assist with e-discovery,
- Discussion of the records retention and email management practices within the organization,
- Custodian interview checklist to identify the potential sources of ESI for each key custodian, and
- Draft affidavits describing the process for preserving, collecting and producing information for use in litigation.
The Guide is drafted by an experienced litigator who speaks the languages of both litigators and IT and has a detailed understanding of the rules relating to the preservation and production of ESI as well as the arguments that counsel can utilize. Each Guide provides specific advice to outside counsel of issues to be considered and negotiations to be made at the Rule 26 conference based on the availability of the client’s ESI. The Guide maintained electronically, and can be stored locally with the client, i.e. in Sharepoint, or can be accessed by the client and outside counsel through our individual client portals.
