7 Tips for implementing eDiscovery Best Practices

eDiscovery Best Practices. 7 Tips for implementing eDiscovery Best Practices

eDiscovery Best Practices begin with making data management as part of daily routine and business operations. Attorneys cannot achieve this objective without the help of IT department, and IT personnel cannot properly maintain data without guidance from attorneys about what should be kept or destroyed. Federal Rules of Civil Procedure related to e-Discovery and keeping up with changing law in the area is a good start, however, knowing and understanding how to put these lessons to practically work in practice is the key to implementing and conducting e-Discovery successfully. Planning ahead plays a pivotal role as it sets the standard for effective relationships between internal and external legal and technical resources. Below are few tips for implementing effective best practices for both inside and outside counsel.

1. Be proactive and have a formal document retention policy in place with rules for saving and destroying electronic documents.
2. Increase company-wide awareness of litigation readiness, and train employees to organize documents in an organized manner. Better yet, implement an effective document management solution such as M-Files – which includes e-compliance module.
3. Effectively cater to big data and effectively implement strategy for later archival, identification, and production in a timely fashion.
4. Train IT personnel to act as a deposition witness as per rule 30(b)(6).
5. Preserve potential evidence when necessary while effectively train and involve key legal and IT personnel as soon as litigation is imminent.
6. Must have adequate knowledge about client’s information systems and operations to effectively define e-Discovery parameters, ensuring smooth functioning with opposing counsel. Try to minimize disruption of clients operations.
7. When a document request is received, be a partner in the data retrieval process – not just a messenger.

While harmony, effective communication, and smooth functioning between attorneys and IT personnel can prove to be beneficial for the organization, keeping current with latest technology and how it can streamline the e-Discovery process is equally important. After all, the purpose of technology is to act as a tool to handle complex e-Discovery in a speedy and cost efficient manner.