Extract from Helen Geib’s article “Specify Production Format Upfront or Pay the Cost Later”
All stages of the eDiscovery lifecycle blend law and technology to varying degrees. While the production stage falls the farthest on the technology end of the spectrum, it’s not exclusively technical. It also involves significant legal issues and cost considerations.
Lawyers have a critical part to play in successful ESI production. Their primary responsibility is to negotiate a favorable form of production at the start of the case. Form of production – also referred to as production specifications or production format – applies equally to plaintiff and defendant. Getting form of production wrong is likely to result in an incomplete production and cost overruns.