Everything You Need to Know About the eDiscovery Request Process 

June 12, 2018

Document production is often overlooked during eDiscovery efforts.  Identifying the form of production for eDiscovery requests ultimately saves money, time and effort throughout the document review portion of this process.  Focus on production and you will obtain access to important data that would have otherwise been neglected.  This data really does serve as a competitive advantage.

 

The Role of Metadata

Metadata serves the purpose of establishing information about documents.  Examples include the document author, the time of transmission, the receiving party and so on.  Metadata is regularly analyzed as it provides helpful facts, assists in the evaluation of documents and does not force a manual, linear analysis.

 

Types of Data

The type of information requested also matters.  A listing of the categories of documents to be requested has the potential to cause important data sources to be omitted and other valuable data to be overlooked.  Voicemails, structured data, telephonic recordings, shared drives, texts, chats and other information may be involved.  Requesting such documents during discovery guarantees the client receives the facts essential for establishing a case.

 

It is easy to lose sight of the fact that both sides are forced to show documents or produce responses during the discovery process upon request.  Discovery requests should be carefully modified to ensure the documents in question are likely to contain the information relevant to the legal matter. With that said, both sides should be adequately prepared to produce requested documents and move this legal matter forward.

 

The Difference Between TIFF and Native Formats

Some files must be made in native format while TIFF is more suitable for others.  As an example, native files are ideal for Excel spreadsheets.  TIFF formats are suitable for important content like speaker notes, track changes, comments made in documents, etc.  The discovery process should include a specification of the types of files made in the native format.  When properly handled, eDiscovery makes this preliminary phase of litigation that much smoother, precise and more accurate.

 

eDiscovery Document Review

Document review strategy often hinges on the information presented in eDiscovery documents.  Documents with tracked changes and comments tend to have information that is especially interesting.  Even the manner in which information is presented can provide a clue as to the opposing party’s legal strategy.  Look for the eDiscovery process to continue to evolve in the months and years ahead.  The legal industry is gradually making the transition to the digital realm with each passing day.