Here, you’ll find some of the most common eDiscovery frequently asked questions we receive about our law firm and our services. To read more about a particular service area, see the additional FAQ menu to the right.
We recommend collecting emails directly from the email server as opposed to collecting them from a phone or computer. Users tend to retain more emails on the email server than on a phone or computer. For example, on a phone, the user may set all emails to delete automatically after 30 days.
An ESI agreement, also known as a discovery protocol, is an agreement between two or more parties in a lawsuit. Specifically, it deals with the processes, procedures, and timeline for how to exchange electronically stored information (ESI). Ideally, the best time to enter an ESI agreement or discovery protocol is at the outset of litigation while complying with Rule 26(f) meet and confer requirements. Commonly, the agreements will cover which devices or accounts, relevant date range, search terms, and data types subject to forensic collection.
EDiscovery is the process of producing electronic evidence for legal review. The first step is to collect electronic data from a wide range of devices and accounts such as phones, computers, routers, and email. Then, lawyers review the information looking for relevant, probative evidence for their case, while also producing the electronic information to the opposing party.
We provide two options for reviewing your electronically stored information. Our Desktop Evidence Reports are searchable and sortable and provide links to all source files with Bates stamps. Alternatively, we also provide In-House Document Review Software. Reviewing through our software allows you to tag items as Relevant, Hot Doc, Privileged, or Non-Responsive.
Data culling is applying restrictive filters to limit the amount of data ultimately produced. For example, using date filters, defined search terms, and recipient and sender filters can significantly limit the communications you will have to review.