10 Critical Decisions for Successful E-discovery Part 1
How do you stay in compliance with the law and manage your electronic data? Learn the Ten Critical Decisions for Successful E-Discovery.
In this post, we’ll walk you through 10 different decisions that can have a huge impact on the success of your electronic discovery process. In order to provide these 10 critical decisions, this blog post is divided into 2 parts: Part 1. In Part 1, we will cover 6 critical decisions in e-discovery that you ought to know. These 6 decisions include: Understand Your Tolerance for Risk Decide on Your Time Capabilities Consider Your Budget Plan Accordingly Know How E-Discovery Can Increase Costs Don’t Get Caught with a Data Gap Prepare for the Future
In Part 2, we will cover the remaining 4 critical decisions in e-discovery that you ought to know. These 4 decisions include: Understand Your Tolerance for Risk Decide on the Preferred Communication Formality Choose Between a Light Touch and Heavy Touch Approach for Bait and Switch Prepare for the Worst and Prepare for the Best – Part 2
All of the information provided in this blog post is based on what we have seen in hundreds of successful e-discovery projects out of our law firm, but does not represent an exhaustive list. We will continue to update this blog post as we learn more about effective e-discovery. As always, if you have any questions or comments, please don’t hesitate to contact us at info@gtlaw.com .
1. Understand Your Tolerance for Risk
When you are doing an e-discovery project, there are a couple important factors that you need to consider for a successful and efficient process. The first factor is the tolerance for risk. Tolerance for risk means how much risk do you tolerate in your case? Will you willingly allow your client to go forward with this project knowing that there is a potential for problems? Or will you avoid certain risks by opting not to conduct an e-discovery project but instead go straight to litigation? The second factor is the level of control that you want over your electronic data. Do you want to maintain complete control over all aspects of your e-discovery project, or do you want to be responsible for only part of the project?
Tolerance for Risk: You need to determine how much risk there is in your case and decide whether or not you are willing to go forward with the project. If you have a lot of risk, then litigation may be the best way to go regarding your case. However, if there is minimal risk then an e-discovery project may be beneficial. To learn more about your tolerance for risk, you need to know the following: The potential consequences and risks of lost data The potential consequences and risks of litigation
Level of Control: For most cases, this decision is pretty easy. You will control the majority of your e-discovery project by providing instructions for what you want accomplished at what stage. However, there are certain cases that may be decided differently depending on the level of control that you want to maintain over different aspects of your e-discovery project.
If you want complete control over all aspects of your e-discovery project, then you will need to make sure that you have the following: The right people and/or vendors in place to manage the discovery process Tools that support the discovery process Protocols for communications with your vendors
If you are willing to share some control over different aspects of your e-discovery project, then the following factors will be important: What level of communication is acceptable with your vendors What level of preparation can be done upfront
2. Decide on Your Time Capabilities
For many organizations, scheduling time for an e-discovery project may be a difficult thing to do. We have seen projects last for months on end, which can be very disruptive to a business. In order to decide on your time capabilities, you need to consider the following: How much downtime will you accept (and what is your tolerance)?
What tools and processes can you employ that will reduce the amount of time and resources needed?
What are your deadlines and when will they begin and end?
3. Consider Your Budget
For many organizations, budget is the driving factor for whether or not to do an e-discovery project. If you are choosing not to do an e-discovery project and instead go straight to litigation, then this decision is fairly straightforward. However, if you are considering doing an e-discovery project then there are several things that will affect your budget: The type of data involved in your case and the extent of your need A lot of data? A large volume of data? Time constraints on your project? Additional resources needed? The volume and types of data will affect how much time, people and equipment you will need for your e-discovery project. These factors will also significantly impact your budget. The next factor to consider is how much data you need. If you are only going to need a limited amount of data, then your budget will be lower than if you need a large amount of data. The more time it takes for your e-discovery project, the more resources that will be needed.
4. Plan Accordingly
To plan any e-discovery project, there are some things that must be considered: The types of tools that you will employ How content can be organized and stored How experts can participate in the process How data will be accessed and processed Who is involved (whether employees or third parties) Data that cannot be preserved without substantial costs?
5. Ensure Compliance and Communication
Many e-discovery projects do not go smoothly, but too many of these problems can be avoided by following a few simple steps. The first step is ensuring that your employees are aware of their obligations with regard to the time limit for producing or retrieving data. In addition, you need to make sure that your employees are aware of the consequences for not producing or retrieving data within time constraints. This will prevent unnecessary issues and disputes in the future.
Conclusion
As you can see from this article, it is important to be aware of the different factors that dictate an e-discovery project, as well as how to properly prepare for the project. You need to consider these factors before you decide whether or not it is going to be worth doing an e-discovery project and what type of resources and time that it will take.
For more information about GTL Communications, please visit our website at http://www.gtlaw.com . You are also welcome to call us at (714) 996-0700 or email us at info@gtlaw.