Electronic Discovery - Common Issues

Common Issues

A number of different people may be involved in an eDiscovery project: lawyers for both parties, forensic specialists, IT managers, and records managers, amongst others. Forensic examination often uses specialized terminology (for example "image" refers to the acquisition of digital media) which can lead to confusion.

While attorneys involved in case litigation try their best to understand the companies and organization they represent, they may fail to understand the policies and practices that are in place in the company's IT department. As a result, some data may be destroyed after a legal hold has been issued by unknowing technicians performing their regular duties. To combat this trend, many companies are deploying software which properly preserves data across the network, preventing inadvertent data spoliation.

Given the complexities of modern litigation and the wide variety of information systems on the market, electronic discovery often requires IT professionals from both the attorney's office (or vendor) and the parties to the litigation to communicate directly to address technology incompatibilities and agree on production formats. Failure to get expert advice from knowledgeable personnel often leads to additional time and unforeseen costs in acquiring new technology or adapting existing technologies to accommodate the collected data.