Extract from Helen Geib’s article “Ask the Right Questions: eDiscovery Identification Part 2”
Effective identification of relevant ESI is the foundation of a successful eDiscovery project. Identification generally follows a five step process: learn about the case; learn about the client’s IT systems; build a detailed data map; follow up on technical and other issues; and document the project. Part one of this series was an overview of the purpose, process and practical considerations of identification. In parts two and three, I offer a detailed review of the five steps.
Step 1: Learn about the case
When a new case comes in, a litigator’s first order of business is to learn what it’s about. What are the legal issues, the factual background, the key players and the relevant timeframe?
Add “what are the main sources of ESI” and the first step of identification dovetails neatly with this line of questions. Litigators who don’t feel comfortable talking about ESI with the client should partner with a more technology-minded lawyer or seek consulting support from their eDiscovery or forensics service provider.