e Discovery

eDiscovery (Electronic Discovery) is the process of searching for, identifying, culling, preparing, reviewing and distributing the relevant electronic data (evidence) associated with a specific litigation case.

The potential sources of electronic information have become increasingly manifold in recent years, including databases, word processing files, CDs, spreadsheets, emails, SMS, voice mail, and online chat.

An important aspect of electronic data, in relation to ediscovery, is that it often includes multiple file formats and facets – creating highly informative metadata (data about data). Metadata provides detail on how electronic documents have been compiled over time - From an evidential perspective, metadata can be vitally important as it shows the chain of custody of a piece of potential electronic evidence.

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The fundamental stages of eDiscovery

An initial planning stage brings together all of the involved parties, leading to a group assessment of the job ahead, this helps to define the aims, nature, and scope of the ediscovery project.

Next comes the collection & preservation stage of available data, involving the retrieval and investigation of information from (often diverse) sources of electronic information.

Once the appropriate source data material has been elicited, the processing stage can commence. Processing the information involves culling through the data, and extracting all of the pertinent litigation case information, whilst removing any duplicate or irrelevant entries.

When the relevant raw data has been isolated, ediscovery reaches the review stage. This is when it is decided how best to present the information, and to ensure that it is formatted in an optimised way to meet the organisation’s aims regarding legal proceedings.

Finally come the production & presentation stages in which the case relevant data is made available to clients and investigators, and then used within the context of a trial, negotiated settlement, or tribunal.

The process of eDiscovery can be very complex and is almost always beyond the scope of an organisation’s own internal expertise. This issue is made pertinent by the fact that the consequences for mishandling electronic evidence can be severe – for example; inadvertent destruction of the evidential integrity of critical relevant data.

Because of these factors a third party specialist is nearly always employed to ensure the efficiency of the process and that the correct procedures are followed at all times.