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David Weber

3 Simple Steps to Prepare for eDiscovery


3 Simple Steps to Prepare for eDiscovery


There are three steps that every practitioner can take to prepare for eDiscovery:


1. Develop an eDiscovery plan: All parties should have a clear plan in place for how they will approach eDiscovery before formal discovery begins. This plan should outline the electronically stored information (ESI) that needs to be identified, preserved and, as well as how that evidence will be reviewed and produced. This should include steps to ensure the integrity and authenticity of the evidence, as well as a clear chain of custody.

2. Use your experts wisely: There are several pitfalls when collecting and processing ESI. One wrong turn can result in an exploding litigation budget and the unwitting destruction of relevant evidence. For that reason, don’t shy away from consulting with trusted experts. The right experts can create an efficient, defensible ESI plan while reducing your costs.

3. Properly leverage technology: It is important for law firms to stay current on developments in eDiscovery, including new technologies, legal developments, and industry best practices. However, not all technologies are right for every case. Some litigation budgets can’t bear the cost of expensive technology, but there is still a need for review. As opposed to days past, there are review technologies available now that can fit almost any litigation budget. Further, a la carte and subscription pricing can take the sting out of most eDiscovery budgets.


While there are many eDiscovery consulting companies, you should interview many and select the one that most fits your firm’s needs.

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