e-Discovery Strategy, Has your Organization got one?
In today’s business environment, e-discovery requests are becoming more common each day. So, without a well thought out and fully implemented e-Discovery strategy, your organization is exposing itself to significant costs and risks. For example, imagine your IT group gets the call from Legal on a Friday morning saying they need some e-Discovery performed on certain individuals and they need the results Monday morning. Are you prepared? If it is your first time experiencing this, you likely have concerns about what information you need to provide and the limited amount of time to provide these results. To resolve this, you spend whatever it takes to get the job done quickly and this usually results in spending more money than is necessary to satisfy this or multiple e-Discovery requests. In your haste, you open your organization up to the potential of providing opposing council with too much information which could ultimately be used against your organization.
To combat these pitfalls, it is important to design and implement a well thought – out effective e-Discovery strategy, so that your organization is prepared in advance for this possibility. By having this e-Discovery strategy in place, you will have completed all of the necessary ground work and implemented processes, procedures and have the tools in place which will help you to respond to any e-Discovery request quickly, efficiently and cost effectively, should this need arise.
The diagram below is the “Electronic Discovery Reference Model” from edrm.net, which shows you the steps usually taken when performing e-Discovery. This should help you with understanding what needs to be done and help shape your e-Discovery strategy.
Also, we have outlined below some points you may want to consider when creating your e-Discovery Strategy:
- Do you have the ability to provide e-discovery requests which are electronically stored information (ESI) regardless of the type of information or content and location within your organization?
- Do have the processes and tools in place to respond to an e-Discovery request quickly, efficiently, and to its entirety?
- Can you provide all of the information required?
- Are you able to provide only the information requested and refrain from providing information or content not requested?
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