Extract from Kelly Twigger’s article “Get Creative To Solve Your eDiscovery Puzzle”
Very little about eDiscovery ever goes as planned. We work on cases from millions of documents down to a single mobile device and everywhere in between, and in 10 years I can tell you that every single case has its own unique challenges.
Those challenges range from the technical — e.g., failure to collect metadata, corrupt files, matching up metadata to PDFs — to authentication and presentation — e.g., how to exhibit text messages from a forensic collection, to can you use screen captures from social media as evidence (yes, if everyone agrees) — to how am I going to deal with a database that all experts need to see that cannot be recreated outside the current system (that one was easy fortunately). The constant ever-evolving issues in eDiscovery require a thoughtful, creative approach that advances the case the fastest in the most economical manner.
Easier said than done, right? I feel your pain. Most of these challenges are just one small piece of the puzzle for a case, but how you handle them can have dramatic implications. The answer is to do what you get paid to do as a lawyer or legal support professional — think outside the box.
About what, you ask? There are two keys that I have found. First, keep the end goal in sight and constantly be making sure the goals aren’t changing. That means keeping an eye on the ever evolving litigation strategy and solving the problems as part of the bigger picture.
