Best Practices for eDiscovery in 2011 According to Wikipedia, a best practice is defined as â€œa management idea which asserts that there is a technique, method, process, activity, incentive or reward that is more effective at delivering a particular outcome than any other technique, method, process, etc. The idea is that with proper processes, checks, and testing, a project can be rolled out and completed with fewer problems and unforeseen complications.â€?
The volume of electronically stored information is mounting rapidly, and the need to manage electronic documents is also fast increasing. Organizations can anticipate that electronic Discovery requests can be issued at any time. Charting out appropriate strategies will make the eDiscovery process less overwhelming and daunting. Proper implementation of the best practices of eDiscovery brings greater control, lower costs and a better return on investment. Coordination To ensure that eDiscovery is handled effectively there should be good coordination between technical and legal teams. Communication between them should be encouraged to prevent any eDiscovery issues. Ineffective communication and lack of understanding could possibly result in the destruction of relevant documents. Collaboration between the legal and technical teams will result in the successful management of the eDiscovery process. Storage Centralization Documents can be accessed easily if there is an adequate centralized repository for storing pertinent e-documents. The preservation and retention of documents in an organized manner is one of the prime benefits of a centralized records management system. The process of tracking down e-records becomes simpler when eDiscovery litigation begins.
Preparation for Pre-Litigation To successfully tackle any kind of litigation, proper planning is absolutely essential. The technical and the legal team should chalk out a suitable strategy. There should be planning with regard to the kind of documents that need to stored, discarded or deleted. The pre-litigation meetings should also help the IT team update themselves about new amendments to litigation rules. Use of Technology - Compliance with eDiscovery requests is a necessity, and it is essential for companies to obey eDiscovery laws. It is therefore vital for organizations to use state of the art technologies so that data retention policies and guidelines are met. Legal Knowledge- The FRCP has a certain set of specific rules and procedures that govern electronic Discovery, and it is imperative to incorporate these rules into the assessment process. The courts also have rules on procedure that govern how eDiscovery should be handled. Cost, Risk and Time â€“ When trying to achieve the best practice model for eDiscovery, one needs to consider effective cost, risk and time factors. Having processes that reduce cost and mitigate risk automatically make it a good practice. These simple eDiscovery practices will aid organizations in putting their eDiscovery in order and preventing it from cascading into more problems.
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