"E-discovery: What to do (and not to do) when collecting ESI"

In our first two articles, we discussed the benefits of records management and methods for identifying and preserving ESI (our third article covered hot topics and recurring issues in recent e-discovery case law). Now it’s time to start collecting that information to review and, ultimately, to produce.

The collection process should be comprehensive without being over-inclusive. It should preserve the integrity of the data, the chain of custody and authenticity of the documents, and should be cost- and time-efficient and not disrupt the organization’s business operations.

It is important that both the organization and outside counsel have collection teams that collaborate to ensure there is a properly executed collection plan. The organization’s collection team should include a discovery point person, preferably an attorney, and IT personnel. Outside counsel’s team should include a supervising attorney, a project manager and a vendor (if one is to be used).

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