As a judicial committee reviews FRCP 26 for potential changes in an effort to create more uniformity in e-discovery, companies should look more closely at their best practices to ensure that they are able to comply with potentially increased requirements in terms of the production of electronically stored information. So in this edition of “E-Discovery What Is”, litigation support will be our subject.
Many are asking what litigation support can do to develop these best practices and wondering how important early data assessment is. The truth is that in order to be sure your company is able to conform to the existing, and potentially more stringent future, rules best practices and early data assessment must go hand-in-hand.
One of the most important steps to take in developing an e-discovery protocol is before litigation begins; be sure that the legal team and IT team are communicating and working together. The technology department needs to have policies in place, should be able to locate custodial data and must be able to maintain chain-of-custody information throughout the e-discovery process. One way to ensure that this is implemented is to consult with a litigation consultant or trusted e-discovery service provider.
Early data assessment is crucial to meeting discovery requirements. By using early data assessment, companies are able to solidify custodian identities, at issue dates and determine what data types are important to the matter. In addition, search terms can be tested and results sampled. It is vital that all efforts are well documented.
What is Litigation Support?
If asking when the company should seek external assistance in the area of e-discovery, the answer is sooner rather than later. Qualified e-discovery service providers and litigation support professionals are able to develop early data assessment protocols that help companies put best practices into place very early in the process. By consulting with an e-discovery service provider as part of the litigation support team, companies can avoid the pitfalls surrounding conducting improper e-discovery practices.
Performing early data assessment and determining best practices early in the litigation process is crucial to avoiding sanctions imposed by judges who are growing increasingly more stringent in their rulings. For more information on learning about litigation support, visit www.advanceddiscovery.com.