eDiscovery Processes – Part 2

eDiscovery Processes

eDiscovery processes may be painstakingly complex, searching among the frequently exceptional quantity of data to locate materials germane to the specific legal context. However, the character of digital data renders it particularly compatible to investigation, so information can be readily accessed once it has been correctly identified. In addition, EFD are difficult to destroy:
  • Networked data will be available for investigation from multiple sources,
  • Processes exist to restore EFD that have been purposely deleted to obstruct discovery.
  • Commonplace EFD-exchanges, such as email, can be easily retrieved for discovery purposes.

Nevertheless, recovered EFD must be preserved as near to the original content or metadata formats as possible, to exclude opposition assertions of either tampering or data-spoilage during litigation.  Thus, despite the relative ease of access once appropriate EFD have been identified, forensic specialists must extract, index and suitably data-base court-designated materials, hosting them in a secure environment. Contract attorneys, paralegals or other reviewers can then code the relevant EFD for use as evidence in court.

Computer-assisted review (CAR) can be employed to condense and prioritize documents to their most concise, legally-pertinent format.  Investigators often apply the Electronic Discovery Reference Model (EDRM) to transfer EDF among participants in the discovery process.  Figure 1 presents a conceptual view of the Electronic Discovery process.

 

FIGURE 1

EDRM-2-792

http://www.edrm.net/resources/edrm-stages-explained

 

The EDRM is useful because it generates a standardized approach to eDiscovery within the entire range of discovery processes, delivering EDF from one recipient or sequence to the next.

Look for additional information in eDiscovery Processes – Part 3. If you would like more information about eDiscovery or how TERIS solutions can assist you, please contact us!

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