U.S. Magistrate Judge John Hughes recently came up with these Top Ten Tips for eDiscovery

1. Client Communication: Talk to all the relevant people in your client's business: legal, information technology along with all of the business people involved in the lawsuit. An important emphasis should also be made on the client's data retention program when speaking to each of these important people.

2. Speak To Your Opposition's Attorney: eDiscovery works best when there is an open dialogue between the parties. The FRCP rules are minimal and are designed to spur dialogue between each party and are not an end in themselves.

3. Target And Talk To Your Client’s IT People: Get to know your client's IT people in order to be on the same page. Specifically, this step means focusing on your clients IT people that you will need to locate, harvest and preserve the e-data involved in your lawsuit. Keep these valuable people in mind should you need to prepare any related deposition.

4. Teach The Judge: In a respectful and open manner, educate the judge as to what is occurring with eDiscovery in your case. Do not to assume that your specific judge is an eDiscovery guru. When eDiscovery issues arise bring them to your judge's attention as soon as possible.

5. Maintain Discussion: Do not forget to follow up with your client to ensure that all e-data is being preserved, produced and harvested. Continually preserve all e-data and do not rely on a one time effort.

6. Focus on Specific Discovery Requests: Aim to be as specific as possible in your eDiscovery requests. Broad requests for eDiscovery are no longer tolerated by the court.

7. Explain Reasons For Production: You will need to show why a specific item should be produced should an objection occur. Do not assume your judge knows why e-data requests are needed for trial.

8. Communicate Any Burdens: Explain why your e-data is not accessible. Again, do not assume your judge understands your eDiscovery constraints.

9. Relate eDiscovery With eTrial: Always consider how the eDiscovery will be utilized at trial. Do not lose sight of how the information will be presented to your judge.

10. Be Professional At All Times: Our reputation, according to Judge Hughes, is our most valuable asset and most effective litigation skill.