Frequently Asked Questions

What is e-discovery, and how is it being used?

eDiscovery involves collecting, reviewing, and producing electronically stored information (ESI) during litigation. ESI includes email, user-created files like Microsoft Office-suite documents, mobile data such as texts, and any other data stored in an electronic database. The investigation and analysis of ESI are frequently a part of the eDiscovery process. 

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What is an e-discovery consultant?

An eDiscovery consultant assists clients and client-counsel with the e-discovery process. This includes assessing the relevant data universe, making recommendations on what data sources should be collected, proper vendor selection, and assisting with the review and production of the ESI. Consulting services can also include the creation of discovery protocols, declarations, and discovery requests to support how ESI is collected and produced by the producing client. Effective consulting will streamline the eDiscovery process and save clients significant discovery dollars.  

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What e-Discovery services do you provide?

Duke Advisory Group (DAG) provides all of the aforementioned services, including creating supporting documentation relating to the collection, investigation, and review of ESI. DAG is a full-service e-discovery provider that includes data collection, analysis, review, and production. Further, DAG has an attorney on staff to provide legal consultation regarding the e-discovery process. DAG offers the following services: 1. Data Collection; 2. Forensic Analysis and Investigation; 3. Data Processing for Review; 4. Data Hosting for Review; and 5. Data Production.

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Am I paying too much for e-Discovery services?

Chances are you are paying too much for eDiscovery. Technology automation has dramatically reduced the cost of managing ediscovery, but market pricing remains high. Most major eDiscovery firms earn 80-90% gross profit on their services. Many still utilize old pricing methodology to charge to productions, TIFFing of documents, and OCR of scanned images or unreadable documents resulting in potentially thousands of dollars for those services occurring at the technology level. Want to learn more? Please email us to receive a copy of our eDiscovery market assessment, The Big eDiscovery Lie.

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What industries do you work with?

We have worked with all industries for over 17 years, including financial services, manufacturing, healthcare, energy, pharmaceuticals, and automotive. We support all matter types, including SEC investigations, mass tort, IP, and product liability.

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How can I learn more about your services?

Contact us for a free consultation. We will discuss what your firm currently does, our process, and how we can save your firm money with a robust e-discovery process. Don't overpay for e-discovery services. We can show you how.

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How do I collect cell phone data?

Cell phone data can be collected using a couple of different methods. The primary concern with the collection of mobile data is the time it takes to turn around the phone back to the client. We understand that most, if not all, clients need to have access to their phones for work and personal business. For that reason, we can usually collect a phone remotely, allowing the client to schedule collection of the phone at a time more convenient to their schedule. The remote collection tools will enable us to collect the entire phone image or the phone's backup from a laptop. We can also collect the entire image or the data sought by counsel, like texts, photos, contacts, and other messaging data.  

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Why do I need to collect data forensically?

How you collect ESI can be the foundation of your case. Most data, if collected correctly, includes the metadata associated with the documents. Metadata is the unseen information behind collected data that tells the reviewer when a file was created, by whom, how often it was edited or if it was sent as an attachment. This information can be vitally crucial to cases involving misappropriating trade secrets or document authenticity.  For that reason, data needs to be collected forensically soundly, which retains the metadata and preserves that information during the discovery stage of litigation. Failure to properly collect ESI can lead to significant problems downstream regarding establishing the collection's authenticity and the availability of transient data that could be deleted pursuant to corporate data retention policies. 

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What is a Discovery Protocol, and why is this important to me?  

Discovery protocols are agreements between client counsel relating to how ESI will be collected, reviewed, and produced. Frequently, producing parties are concerned about the accessibility opposing counsel has to their data. In most productions, a significant amount of irrelevant, personal information can be included with the relevant data. For that reason, counsel typically agrees to a protocol that will set the parameters of what data will be collected, how that data will be filtered (i.e., search terms, date ranges), and who will be conducting the review. Protocols set those parameters and allow parties to protect their personal information while complying with discovery requests. When a file was created, by whom, how often it was edited or if it was sent as an attachment. This information can be important to cases involving misappropriating trade secrets or document authenticity. For this reason, data needs to be collected in a forensically sound manner that retains the metadata and preserves that information during the discovery stage of litigation. Failure to properly collect ESI can lead to significant problems downstream regarding establishing the collection's authenticity and the availability of transient data that could be deleted according to corporate data retention policies. 

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How can my firm be better prepared to manage ediscovery processes?

EDRM is an organization that established the standards for the Discovery phase of litigation. Duke Advisory Group consults with law firms to develop a repeatable Discovery process aligned with EDRM standards. Our Playbook guides attorneys through each discovery step, including essential forms and questionnaires. To learn more about our PLAYBOOK