We are living in a world where the lawyer’s job is now to understand where discoverable information is coming from, what form it is in and what new forms of data are out there. It has become more important than ever to keep track of the different sources of emerging ESI. Without having a solid grasp on the ever-changing market you are subjecting your practice and your clients to risk through not being on top of the curve.
Last week I highlighted an article covering emerging ESI sources and their impact on eDiscovery practices. This article is going to be an extension of that principle.
The point is that everything is happening electronically, and you need to start paying attention so you can ask for and get that information in discovery.
Let’s clear up a few myths about eDiscovery:
- Whether you call it ESI or eDiscovery, it is here to stay. As big data continues to increase, the need to have an organized and well-maintained system to handle ESI is only on the rise.
- Yes, you are ethically bound to take all proper steps to preserve ESI. Whether you think the ESI is relevant or not you still have a duty to use your best judgment to maintain ESI.
- It does not matter how large or small your client is, preserving ESI is a concept that applies to everyone.
- If you ignore it, it will not go away. This is not a push it under the rug and hope they don’t notice issue. If you keep this mindset you will have a very quick and harsh awakening when the time to collect custodian data has come.
This is a short list of some of the most common ESI misconceptions I see in the market. If you want to read more on this topic you can check out an article written by Kelly Twigger of Above The Law HERE