Last month, LLG Partner Sarah Thomas Pagels presented at the 2018 DRI Young Lawyer’s Conference in Portland, Oregon with Advance Discovery’s Julia Helmer about best practices in managing your e-discovery cases from the pleading stage through trial. Their presentation provided practical tips for lawyers (both corporate counsel and outside counsel) for all stages of the e-discovery process. Their presentation highlighted the following:
- Interviewing potential custodians (the folks you think may have records sources of information, known in the industry as Electronically Stored Information, or “ESI”)
- Drafting a litigation hold letter
- Preparing and negotiating an ESI agreement (the court order or stipulation that governs both sides data collection and production processes)
- Hiring a competent document specialist or e-discovery vendor
- Complying with jurisdictional rules and guidelines with respect to ESI
- Preparing checklists and identifying factors to consider with respect to collecting ESI
- Identifying sorting and searching that dataset using technology tools and de-duplication strategies
- Reviewing and producing ESI, and
- Elevating key documents for use in depositions, motion practice and at trial.
