Extract from Jim Gill’s article “Thinking Upstream to Avoid Risky Data Handoffs in Every Stage of Your eDiscovery Process”
The discovery process is traditionally a reactive one, triggered by imminent litigation.
This didn’t change when Electronically Stored Information (ESI) was included in that process in 2006. And when one looks at the EDRM (eDiscovery Reference Model), which originated at that time and continues to be the foundation for the eDiscovery process, it looks pretty straightforward.
A legal hold is sent to custodians, letting them know not to destroy ESI. Then those who have control over that data, preserve the data in some form. Then that data is collected and processed into usable formats so it can be reviewed. Finally, review teams look at that information, begin making a case, and produce it in a format stipulated by Department of Justice guidelines.
But this process by nature is a reactive one from the beginning. This often makes this seemingly linear process convoluted and confusing, involving multiple stakeholders and data handoffs, which can increase data risk.