How To Sleuth Your Way To An Accurate eDiscovery Data Map

on Mon, Aug 05, 2019 By | Jeremy Greer | 0 Comments | Best Practices
A data map is a structured analysis of the target company's sources of data which could be potentially relevant to a legal investigation. During an eDiscovery project, the identification stage is about gaining a complete understanding of this data map and how it relates to the organizational (org) chart. Some companies will have a data map, an org chart and specific data retention policies already prepared and in place. These practices can vary between companies and even between departments. When litigation becomes imminent, you may be in a rush to send out a legal hold to prevent intentional or unintended destruction of data. The ordering of tasks in eDiscovery is not as important. Regardless, it is a best practice to put together an accurate data map and continue to revisit it, thereby adding and removing data sources as you gain a more thorough understanding of the data and formally define the scope of the investigation.
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eDiscovery Software User's Guide to a Quick, Defensible Privilege Log

on Tue, Jun 04, 2019 By | Jeremy Greer | 0 Comments | Best Practices
The most important right which lawyers establish between them and their client is privilege. In order to assert privilege and withhold potentially relevant documents, the attorney or litigation support professional must fill out a privilege log associated with each document. The withholding party must provide enough information so that the reviewing attorney of the opposing party can fairly determine whether the document is privileged. There are four main types of privilege which can be claimed by an attorney - Attorney Work Product, Attorney-Client, Attorney Advice and Joint Defense.  Privilege is essential, tricky, and can be lost easily. Creating privilege logs and asserting privilege is a tedious chore of great importance with heavy consequences for misuse. It is arduous to say that a document is privileged and thereby claiming that there are relevant documents but you are going to withhold them. Legal professionals must spend 2, 3, 4 minutes per document simply asserting privilege. This task is crucial, as under-asserting privilege could lead to giving up privilege for all documents. At the same time, over-asserting could lead to a time consuming in camera review or an expensive redo of your eDiscovery project.  
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eDiscovery Key Terms

on Tue, May 28, 2019 By | Jeremy Greer | 0 Comments | Best Practices
This eDiscovery key terms list is the first step in understanding our tool. Our key terms are sequenced to highlight the timing in which each process will arise in your workflow.  
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Document Review: Efficiency vs Granularity

on Tue, Mar 12, 2019 By | Jeremy Greer | 0 Comments | Best Practices
Digital WarRoom is an eDiscovery software platform that provides the capability for law firms and legal departments to perform robust document review. Once you preserve and collect all the data that could be potentially relevant to your investigation, you should process it into an eDiscovery tool. This will involve extracting all possible metadata as well as indexing the words in your files. Once all your data is processed, the main role of eDiscovery software is to help you cull the data and make a range of decisions on each document. We call this your “attorney work product”. As you mark documents, add descriptions and create privilege logs, you are creating metadata which will now be associated with each document.
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Lock Down Your eDiscovery Deduplication Policy

on Tue, Feb 19, 2019 By | Jeremy Greer | 0 Comments | Best Practices
What is deduping? De-duplication is the removal of duplicate documents from your data set. Deduping in and of itself is an easy decision – do I want to review five documents or one? In most cases deduping can prevent reviewers from reviewing the same document many times. Many of our clients don’t want to be overwhelmed by the number of documents that they have.
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What is Early Case Assessment?

on Tue, Feb 05, 2019 By | Jeremy Greer | 0 Comments | Best Practices
Early case assessment is an initial, general inquiry of custodians and their data for the purpose of narrowing and defining scope. This practice can be repeated and will occur at multiple points in the EDRM. While conducting early case assessment, you will gain an understanding of document quantity to inform cost expectations, and document quality to inform your understanding of scope and relevance in preparation for the 26(f) conference. The stages of identification, preservation, collection and custodian interviews create a foundation for determining which data sources may be potentially relevant and which can be ruled out. Depending on the data volume in question and the level of burden to collect from certain data sources, it may be worth it to consider processing and temporarily hosting all collected data in your eDiscovery software tool to gain access to a full set of analytics which will help you gain clarity regarding the scope of discovery.
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eDiscovery Document Triage Guide - Exceptions, File Types & OCR

on Mon, Jan 21, 2019 By | Jeremy Greer | 0 Comments | Best Practices
What should you consider directly after processing?   In order to become self sufficient in eDiscovery, you will have to accept the following facts. 1) Regardless of eDiscovery platform, not all documents can be opened. 2) Regardless of eDiscovery platform, not all documents can be indexed  
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6 Ways To Streamline eDiscovery Processing

on Mon, Jan 07, 2019 By | Jeremy Greer | 0 Comments | Best Practices
  At the most basic level, processing in Digital WarRoom is as simple as dragging and dropping your collection onto the tool. To follow best practices in processing, first you must understand that although processing is the first wizard in the Digital WarRoom software, your electronic discovery workflow actually begins outside the tool with proper identification, preservation, and collection of documents.
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The content on this blog is not intended to be legal advice.
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