EDRM Overview
From Working EDRM
The main EDRM sections are:
Contents |
Records Management
Identification
Determine the scope, breadth and depth of electronically stored information that might be pursued during discovery. Take into consideration any claims and defenses, preservation demands, disclosure requirements and discovery demands. Start with a larger pool of potentially discoverable electronically stored information and from there assess how much should be preserved and collected.
Preservation
Think of preservation as a set of concentric circles, starting with key players and spreading out. For key people, consider copying their email files (PST or something similar if they use Outlook, NSF if they use Lotus Notes), their desktop or notebook computer hard drives, and network folders where they store files. The more important the person, the more thorough the preservation effort should be.
Collection
Not all that you preserve is worth the cost of processing. Try to determine which of the collected materials are likely to be most important as well as which can be processed most expeditiously. Start there.
Processing
Reduce the overall set of data you have collected by setting aside files that are duplicates. Consider, as well, setting aside files you have good reasons to believe are not going to be relevant because of factors such as type, origin, or date.
To the extent needed, convert electronically stored information from the form in which you found it to one that allows to you conduct a more effective and efficient review.
Review
For most attorneys, review has two components – a review for relevance and a review for privilege. Define this stage of the electronic discovery process carefully and watch it even more carefully. Review costs can run 5 to 20 times higher than all other electronic discovery costs combined.
Analysis
Analysis is the process of evaluating a collection of electronic discovery materials to determine relevant summary information, such as key topics of the case, important people, specific vocabulary and jargon, and important individual documents. This information is useful at the outset before detailed review is conducted to help with important early decisions and to improve the productivity of all remaining electronic discovery activities. Analysis is performed throughout the remainder of the process as new information is uncovered and issues of the case evolve.
Production
What forms for production make the most sense? You have four basic choices: native (hand over an Excel spreadsheet as an .xls file), quasi-native (extract part of an Oracle database, load the information into a Microsoft Access database, and give that to the other side), quasi-paper (convert email messages to TIFF or PDF formats) or paper.
Presentation
Although this stage comes last in this list, think of it as the first. Consider early and often how you can most effectively present the electronically stored information at depositions, hearings and trial. If, for example, you want a key witness to walk though a live spreadsheet at trial, you better not have produced the file only in paper form.
