eDiscovery FAQs

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 Frequently Asked Question.

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eDiscovery FAQs

Typically, the best source of email evidence is the email server. While emails may be found in multiple locations such as on a phone, tablet, or computer, those locations tend to hold fewer emails than the server. For example, many phone users have their emails synced for only 30 days, and maybe only six months on their computer. Whereas the email server may have three years or more worth of email. Therefore, frequently the email server is the preferred source of evidence.

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.

Frequently cases have terabytes worth of information that needs to be evaluated for responsive evidence. Developing an appropriate Discovery Protocol for your case to apply the best data filters will significantly reduce your time and fees to review.