Electronic Discovery As an Attorney Are You Prepared For It
Below is a MRR and PLR article in category Computers Technology -> subcategory Other.
Electronic Discovery: Are You Ready as an Attorney?
Imagine this: you're in your office, and your secretary informs you of a letter that just arrived. It's a request for electronic discovery from the opposing attorney, seeking your client's hard drives, emails, phone records, tape backups, and other digital media.
Are you equipped to handle this request? Do you know what information is relevant to the case? How should you go about reviewing and producing electronic discovery? What software can assist you? Is providing paper copies still acceptable?
These are essential questions, and navigating electronic discovery can be complex. First, it's crucial to understand what electronic discovery, or eDiscovery, entails. This term refers to any digital information exchanged between parties for discovery during litigation. It includes files on hard drives, emails, and even voice and video recordings.
Most eDiscovery focuses on documents that exist in digital form, such as emails, Word documents, and Excel spreadsheets. In the past, you might have printed an email to hand it over. Today, that’s often insufficient due to the email's metadata, which reveals detailed information such as the sender, time, and recipients, even those blind-copied.
Since emails are typically maintained electronically in business, it’s logical to request them in the same format. Numerous vendors can assist with processing electronic files. It's wise to gather recommendations and research their performance, as pricing alone doesn't guarantee quality. These vendors can extract and process data, creating TIFF images and searchable records, utilizing technologies like OCR to make text searchable.
Additionally, computer forensic experts are available for consultation. They can guide you through handling discovery requests effectively and assist in crafting your own.
Once you receive electronic data from the opposing party, thorough review is essential. The same vendors can help process this data, providing searchable files compatible with popular litigation support software like Concordance or Summation. Some offer web-based solutions, allowing you to conduct online reviews for relevancy and confidentiality just as you would with paper documents.
If you're not fully up to speed on electronic discovery, don't worry. There's a wealth of information available online to help you master this ever-evolving field. A recommended resource is [Electronic Discovery Center](http://www.electronicdiscoverycenter.com).
Stay informed and prepared to handle the intricacies of electronic discovery in your legal practice.
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