Introduction
As you probably have experienced technology has drastically effected the way in which discovery is conducted. Not that long ago when you requested documents from the opposition your request was limited to paper documents alone. Well, times have changed. These days production requests routinely include electronic documents as well ranging from PowerPoint presentations to spreadsheets to databases and, of course, email. Pinpointing, gathering and analyzing these newer sets of data often requires the services of a qualified e-discovery vendor such as eClaris. Engaging eClaris will give your firm the guidance it needs as your client's case evolves through the discovery process from start to finish.
Here are eight concrete ways eClaris can help:
- Early Case Assessment
- eClaris will advise your firm how to create a document that will allow the client to comprehend the critical facts and legal issues in their case, estimate their costs and predict the time needed to defend the lawsuit.
- In addition, your firm will benefit from the three key areas that comprise an Early Case Assessment drafted by eClaris:
a. Data Preservation: eClaris you will provide your firm with guidelines that are specific to your client's business, help you filter your client's down the universe of data to a more manageable set and assist you in analyzing and cataloging your client's documents in a systematic fashion that will leave you with a better understanding of your client's data.
b. Education: eClaris will teach your firm the ramifications of the Federal Rules of Civil Procedure ("FRCP") as they relate to e-discovery. This will be advantageous to your firm because it will allow your client's case to be processed more swiftly through the discovery phase.
c. Lessons Learned: eClaris will develop a plan to minimize future complaints based upon the weaknesses identified in the ECA. This will give your client a clear picture of the lessons to be learned.
- Finally, an eClaris Early Case Assessment will allow your client the guidance needed to choose whether to head to court, seek mediation or look into settlement possibilities.
2. Data Harvesting
- eClaris will help your firm pinpoint the scope of the e-data to be harvested. Common mediums often include computers, flash drives, Blackberries, PDA's, cell phones, back up tapes, cameras and servers.
- In addition, eClaris will allow your firm to gather, identify and then classify all structured and unstructured data.
a. Structured Data: Structured data is data that has been securely saved on a disk and can only be viewed by the author who wrote it. Typically, structured data is organized into clear categories that are inter-connected. A good example would be a database with numerous applications that are also all synchronized to one another.
b.
Unstructured Data: Unstructured data is data that is substantially smaller in size than structured data and, normally, is not related. Superb examples are images, emails,
network user file shares and videos. As technology expands, note that in today's legal/business world unstructured data is far more common than structured data.
- Finally, eClaris will take the data harvested and place it into an effective records management system. This records system will allow your firm to export the data to other platforms and will allow for the data to be stored.
3.
Data Preservation
- eClaris will provide your firm with specific techniques to maintain the integrity of your client's e-data. These tips will include an e-data preservation plan to help your firm assess the relevant legal requirements along with any timing issues.
- In addition, eClaris will advise your firm how to inform the client of their obligation to preserve all relevant e-data and of the ramifications of failing to do so.
- Finally, eClaris will educate your firm on the risks and of the possible penalties associated with spoliation which, simply put, is the withholding or destroying of relevant evidence. This will allow your firm to calculate the consequences of choosing not to fulfill the client's duty to preserve e-data.
4. Data Processing
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In addition, eClaris can process your client's e-data in any of the following formats: Native, Quasi-Native, Quasi-Paper or Paper. This will allow your firm flexibility when discussing production formats with opposing counsel during pretrial conferences.
5. Document Review
6. Document Production
- eClaris will ensure that all document production goes smoothly by helping your firm develop a strategy before document production commences.
- In addition, by having a plan, your client's e-data will be transferred from eClaris' centralized database to your firm in the most efficient way possible.
- Finally, while tactics will vary depending on your firms situation, typical considerations to take into account include establishing and then tracking which e-data will be produced.
7. Exhibit Identification and Trial Preparation
- After your client's documents are produced eClaris can help with exhibit identification and trial preparation.
- In addition, eClaris will ensure that the cases' physical hard copy binders be maintained in their exact production format for use during trial.
- Finally, your firm's exhibit identification and trial preparation will be assessed by eClaris to determine the risks inherent inherent in those methods.
8. Regulatory Storage
- eClaris will guide your firm through the numerous legal requirements that govern the storage of e-data.
- In addition, once your client's case is closed eClaris will see to it that all case information will be stored for the required amount of time, which typically is for two years.
- Finally, your client may need to comply with added statutory laws such as HIPAA, SOX, FMA and FACTA. Should this be the case eClaris will happily demonstrate to your firm the appropriate measures that should be taken.
Conclusion
Requests for e-data are now part and parcel of today's discovery system. As e-data can be both complex and voluminous do your firm a favor and select a qualified ediscovery vendor to guide you through. Be smart, choose eClaris.