What Is Electronically Stored Information (ESI)?

Posted by Alison ONeill | Mon, Jan 20, 2020

A large part of the discovery process is now devoted to eDiscovery - which may involve software tools and services for identifying, collecting, producing, and preserving digital files and data that are relevant to the case. Without the right systems and processes in place, attorneys could spend an enormous amount of time handing eDiscovery responsibilities, even with the help of a clerk. Between emails, digital files, text messages, and other new forms of electronically stored information (ESI), lawyers will have their hands full.

Each phase of the eDiscovery process is important, but today we want to focus on collecting electronically stored information and how law firms can go about handling those tasks more effectively. It’s a critical step, so be sure to have an ironclad system and policy for collecting ESI.


What is ESI in legal terms?

Electronically stored information covers any documents that are created or stored on electronic media. The obvious examples would be emails between custodians or parties, digital videos and image files, or business contracts created using dedicated software.

According to Rule 34 of the Federal Rules of Civil Procedure (FRCP), the ESI designation can extend to documents that are stored on any medium that is electronically based. That could include digital scans of patent paperwork or a copyright agreement or other electronic recreations of physical documents that would otherwise be private.

As you can see, electronically stored information covers a lot of ground. With the help of eDiscovery technology, lawyers can streamline ESI collection processes, reduce the amount of time spent searching through records, support their legal case, and protect themselves against misconduct claims.


Leverage eDiscovery software to simplify ESI collection

Law firms have a few different ways to approach ESI collection. For instance they could seek help by hiring a forensic services expert. If they can manage to take care of ESI collection and technology processes internally, that’s probably the most cost-effective option. Using an eDiscovery solution can help speed this process along, requiring fewer billable hours to be spent on tedious work.

There are a few important factors to keep in mind when collecting electronically stored information. For one, attorneys, law clerks or other stakeholders assigned to ESI collection should always consider the proportionality of the task at hand. If the opposing counsel’s data production requests are excessive and impractical, there’s no obligation to necessarily agree to those terms. Any electronic discovery request should be reasonable to meet within the resources and time available to the legal team.

How you collect electronically stored information is critical as well. Law firms need to have a concrete audit trail for any data storage, collection, or preservation efforts they conduct. In the event that anyone questions the integrity of the ESI or the manner in which it was collected, there will be an unimpeachable account of all ESI collection activity.

From start to finish, eDiscovery can be a complex and time-consuming process. But it’s an essential part of any legal case, often dictating how a lawsuit or trial will unfold and which side will have the more compelling argument. ESI collection deserves your full attention and commitment. With eDiscovery software, the entire process becomes much easier to manage while adhering to high standards for data accuracy and preservation.


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Topics: Best Practices

Written by Alison ONeill

Alison is a Senior Legal Consultant with Digital WarRoom. Alison has over 30 years experience in the legal field including working as a law clerk for a Pennsylvania judge, a law firm associate attorney, and Senior Legal Research Attorney. Outside of work, Alison enjoys spending time with her children, reading, crochet, and advocating for the rights of the developmentally disabled.

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The content on this blog is not intended to be legal advice.

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