Be Proactive, Save Money with E-Discovery
Take control of technology/digital data early and you will be in the driver's seat for the rest of the case for all matters related to e-discovery.
Identify: Evaluate the different types of cases and clients that you normally take and identify the different types of devices and digital data that are common in those instances. Use this information to create a checklist that will help guide you during the client-intake interview process.
Inform: If you are unfamiliar with current technology trends that may affect your cases, be sure to keep yourself educated and informed. Subscribe to blogs; create a professional Twitter account to follow companies, experts and other news sources; and seek out free or affordable webinars that you can attend from the comfort of your desk.
Interview: Make the most of your client-intake interview. Use that checklist! The person(s) that will know the most about the devices and digital data that may be available and relevant to the case is your client. Always keep in mind, digital data is volatile – the earlier that you identify and preserve, the better.
Investigate: After you’ve met with your client and have been retained, do not wait to act. Always assume that the relevant information that exists today will be gone tomorrow. Send detailed but particularized preservation letters to opposing counsel (and follow-up), set specific parameters for a litigation hold for your client (and ensure that action is taken), and obtain third party assistance to identify/preserve, if necessary.
Be proactive: quit searching for the needle in the haystack, remove the element of surprise, and save money because you are comfortable about what data is available and relevant.