Extract from Greg Webb’s article “Best Practices for eDiscovery in Government Agencies”
Electronic discovery isn’t just a concern for big corporations or the large law firms representing them. Government agencies, like the fictional Parks and Recreation Department of Pawnee, Indiana, often engage in eDiscovery when responding to public records requests, subpoenas, civil cases, or FOIA inquiries.
Government entities face their own set of eDiscovery challenges. Officials must locate records from multiple departments, review sensitive or classified documents, and manage numerous eDiscovery requests due to the large volume of lawsuits and records requests they receive. With limited resources and vast amounts of data to process, it’s critical for government leaders to take a strategic approach to eDiscovery. By following best practices, government agencies can handle electronically stored information (ESI) efficiently and ensure a defensible process. Key practices include forming eDiscovery teams, using appropriate tools, and developing systematic approaches for handling data.
Step One: Forming an eDiscovery Team and Setting Up Data Policies
Government agencies should identify a lead or assemble a team responsible for managing eDiscovery when responding to legal or records requests. This team will work closely with attorneys, staff, and outside eDiscovery vendors. Whether it’s a single person or a larger team, the lead should be skilled in both IT and litigation processes, and also be an excellent project manager with strong communication abilities.
