Essentially, e-Discovery is the process of using electronic information to gather information for a legal case. EDRM (Electronic Discovery Reference Model) is a widely-referenced guide to managing the process of e-discovery. It was developed by over 125 organizations and was launched in May 2006. It aims to help parties transfer ESI between discovery stages. It describes the process of e-discovery and includes nine stages that are interrelated through arrows. The first stage is preparation.
Lawyers need to understand that the e-Discovery process can be complex and time-consuming. While it is an inevitable part of litigation, attorneys cannot afford to fall behind the times and risk malpractice lawsuits or lower profits. To avoid this, attorneys must review relevant materials and become familiar with the EDRM model. Data cities are waiting to be explored and the e-Discovery process is an integral part of the litigation process. The most time-consuming component of e-Discovery is document review. Document review involves the culling of information and analyzing it to determine whether it is relevant or privileged. Ideally, user should produce all relevant documents. However, due to privileged information, some documents may be withheld. The final deliverable is called production. In a litigation, ESI is considered an important asset that must be produced to the court. The legal claim is the deciding factor. The legal counsel for an institution will determine the scope of an e-discovery request. The term "unreasonable" is subject to interpretation. If a request does not fall under the legal claim, the producing party can challenge it with a FRCP rule. The e-Discovery process is often delegated to junior attorneys, and it is best to leave this responsibility to a senior attorney. Documents containing potentially relevant ESI should be preserved and organized appropriately. This requires careful documentation of the chain of custody and the integrity of the information. Managing multiple archives can be a hassle, as many companies have data stored in several locations. Further, some organizations have regulated frameworks that require them to comply with strict security standards. With a well-structured ESI management process, organizations can avoid the risks of exposing confidential and proprietary information. Besides from email, electronic documents can contain data from all types of sources. Text, images, audio, video, calendars, instant messages, cellphone data, and spreadsheets are examples of electronic documents. Emails can be a valuable source of evidence, as people tend to be less careful in composing email messages than in hard-copy correspondence. Even email is often useful as evidence in a lawsuit. Depending on the e-Discovery method, a forensics expert or outside document review team may be required. Electronic communication is the main form of communication across industries and within everyday lives of people. As a result, case law has begun to adapt and incorporate it. Moreover, technology-assisted review (TAR) has made it easier to manage documents, reduce the amount of time required for reviewing them, and reduce the overall cost. e-Discovery applications can pull information from massive volumes of content, reducing the time and cost required for review. Proactive e-Discovery tools help collect user data, preserve it, and share it with others. And as e-Discovery costs rise as ESI volumes increase, it's imperative to get the right e-Discovery tools and services for an organization.
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