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Miranda Writes

Taking the Mystery Out of Electronic Discovery

Dear Miranda,

I understand the importance of electronic discovery, but some of the information out there is very confusing. All this talk about forensics and gigabytes and hard drives is enough to make a lawyer want to stick with old fashioned, paper discovery. Why is this so much more complicated than the way discovery used to be? How can I get a handle on what really matters in electronic discovery?

Christian T.
Chicago


Dear Christian,

You're not alone in feeling this way. As the field of electronic discovery has developed, there has been quite a bit of confusion about how to make sense of all the available information. Keep in mind this simple concept: discovery of electronic documents is the same as discovery of paper documents—only the storage medium for the information has changed. At Applied Discovery, we encourage our clients to approach electronic discovery in just the same way they approached traditional discovery, in the following five steps:


STEP Then (Paper Discovery) Now (Electronic Discovery)
1. Analyze Receive and analyze the document request; identify document custodians; determine where documents are located. Receive and analyze the document request; identify document custodians; determine where documents are located.
2. Gather Gather paper documents from client file cabinets. Gather electronic documents from client computers.
3. Process Copy paper documents, and/or scan documents and OCR text; apply Bates numbers for identification. Process electronic documents to standard file format; document ID numbers applied automatically.
4. Review Review paper or scanned images of documents. Review documents online with full text, meta data and original document formatting.
5. Produce Produce paper or images. Privilege log produced with responsive documents. Produce documents electronically or on paper. Privilege log produced electronically with responsive documents.

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