E-Discovery Checklist

1. Information Governance and Preservation

Implement and maintain a comprehensive information governance program
Develop and enforce data retention and destruction policies
Create and distribute legal hold notification templates
Establish a process for issuing, tracking, and releasing legal holds
Train employees on legal hold obligations and procedures
Implement technology to assist with legal hold management
Regularly audit and update the information governance program

2. Identification

Identify key custodians and data sources relevant to the matter
Conduct custodian interviews to understand data landscape
Create data source inventory (e.g., email servers, file shares, cloud storage)
Identify and document relevant time frames for data collection
Determine potential sources of ESI (Electronically Stored Information)
Assess the scope and volume of potentially relevant ESI
Identify any inaccessible or legacy data sources
Document the identification process and decisions made

3. Collection

Develop a defensible collection plan
Choose appropriate collection methods (remote, on-site, self-collection)
Use forensically sound collection tools and techniques
Maintain chain of custody documentation
Collect metadata along with the ESI
Handle encrypted or password-protected data appropriately
Collect from cloud-based sources and mobile devices if relevant
Verify the completeness and integrity of collected data
Document all collection procedures and any issues encountered

4. Processing

Choose appropriate processing tools based on data types and volume
Establish processing protocols (deduplication, date ranges, file types)
Extract text and metadata from collected ESI
Handle exception files (password-protected, corrupted, unsupported formats)
Generate processing reports and review for anomalies
Perform quality control checks on processed data
Create load files for document review platforms
Document all processing steps and decisions

5. Review

Select an appropriate review platform
Develop a review protocol and coding manual
Train the review team on the case background and review protocol
Implement a tiered review process if appropriate
Use analytics and technology-assisted review (TAR) tools
Conduct regular quality control checks
Track review progress and adjust resources as needed
Identify and address potentially privileged documents
Create privilege logs if required
Document review decisions and methodologies

6. Analysis

Use data visualization tools to understand document population
Conduct keyword analysis and refine search terms
Perform concept clustering and topic modeling
Analyze communication patterns and social networks
Identify key documents and themes
Create chronologies of relevant events
Use predictive coding to prioritize review
Collaborate with case team to refine analysis strategies
Document all analysis methodologies and findings

7. Production

Establish production specifications with opposing counsel
Determine production format (native, TIFF, PDF)
Apply appropriate redactions
Generate production volume
Create necessary load files and cross-reference information
Perform quality control checks on the production set
Prepare privilege logs if required
Securely transmit the production to recipients
Maintain detailed records of what was produced
Be prepared to defend the production process if challenged

8. Presentation

Prepare key documents for deposition or trial
Create demonstrative exhibits from ESI
Ensure ESI can be presented effectively in court
Prepare to explain e-discovery methodologies if questioned
Collaborate with trial team on ESI strategy
Be prepared to challenge opposing party's e-discovery practices if necessary

Tip:

Consider using Early Case Assessment (ECA) tools to quickly gain insights into your data and refine your e-discovery strategy early in the process. This can lead to significant cost savings and more efficient review processes.

Note:

E-discovery is an iterative process. Be prepared to revisit earlier stages as new information comes to light or as the scope of the matter changes. Regular communication with all stakeholders is crucial for a successful e-discovery project.