TERIS tightly manages an eDiscovery engagement by applying these 10 key industry-wide process steps, which help minimize the risks and exposure, while balancing the costs involved:
Understand the Electronically Stored Information (ESI) Documents – Part of our job as good consultants on a case, is to invest significant resources to help the case team understand the policies and electronic information formats required for production.
Data Preservation – Time is a critical element in managing electronic documents, where early drafting and delivery of preservation or legal hold notices can mean the difference in managing the risks and exposure. TERIS takes the extra precautions and manages all activities by utilizing the correct team, controls, tools, and documentation.
Assign Matter Control – Choosing the right individual(s) or group with the critical mix of skills and resources required, is the first decision to make. TERIS is uniquely equipped to properly and skillfully manage all aspects of the project.
Case Planning Meeting – In order to properly manage preservation and production, together with the associated timelines, all information needs be discussed: therefore the case planning meeting is the single most important meeting for our TERIS discovery team to understand all aspects associated with the data in the case.
Define the Strategy – In investigations that result in either civil or criminal litigation; all possibilities must be taken into consideration at every step of the EED process. Since we follow the guidelines and restrictions carefully, our processes and methodologies are easily defended.
Map the Tasks – Maintaining continuity between a paper collection and the electronic documents are a primary focus. Clearly understanding what types of documents will be requested, helps us better understand how to proceed in assigning tasks for the various elements described in the subpoena.
Data (ESI) Collection – Forensically sound collection methods and industry standard tools such as EnCase, FTK, Macro, and/or similar, must be utilized in order to avoid spoliation of data/metadata. TERIS employs the most current, state-of-the-art tools, techniques, and methodologies for data acquisitions.”
ESI Processing (reduction and conversion) – A detailed Specifications Sheet will be completed and approved by the Client, prior to beginning any processing.
ESI Review – The analysis-review-analysis-prepare stages of electronic document review is performed using either a document management system hosted by the law firm, client, or by utilizing a Web-based document review and repository platform hosted by TERIS.
Production of ESI – Production in electronic format enables a much more efficient review than paper productions. Understanding that all too often the “producing to” party often uses unconventional or dissimilar review tools, TERIS can produce production sets for almost any system.
This is a re-visit to the original article posted on TERIS.com in November, 2017.