E-Discovery: The Part of Legal Process

1. E-Discovery: The Part of Legal Process The popular novel Neuromancer. In the book, hackers “jack-in” to cyberspace explore massive, cities of data, which represent the data. The place we live in is sometimes away from the vision of hacking as in the stated novel. But what cannot be ignored is that the massive cities of data as described are no longer in the domain of fiction. Every company received a lot of emails every day and the amount of data created on daily basis is huge. There is a need for a law firm to adapt to new technology to grow. One of them includes, E-Discovery, which is the essential part of the legal process, and most important lawyers need to know how to pass through these massive and shining cities of data. An overview Electronic Discovery or can be stated as E-Discovery is a constituent of the normal discovery process. Gone are the days when the parties involved in the disputes will share the information through physical documents. Today, documents are generated digitally calling for a basic change in the discovery process. As it is self-explanatory, the “e” in e-Discovery stands for electronic. Going by the basic definition of E-Discovery, it is the process that allows parties to share, review, and collect electronically stored information, which can be used as evidence in legal matters. Electronically Stored Information is a broader term that can condense a host of digitally created content. The stated below falls under the domain of electronically stored information i.e. Emails, Microsoft Word documents, social media posts, company-specific databases, audio, video files, etc. The e-Discovery process is known for being long and complex. It starts with the anticipation of any litigation, the attorneys from both sides make e-discovery requests and challenges by finding and preserving the information from the electronically stored information. However, having said this, It remains crucial to safeguard the original content such that there would be no claims of evidence tampering. The ESI could be placed on legal hold, for the time being, when lawyers and legal assistants search for pertinent documents. Our of many software’s available, lawyers can use e-Discovery software like Computer Assisted Review (CAR) or Technology Assisted Review (TAR). The aim

2. remains to cut the cost and time of the review. The software helps lawyers to swift through the Electronically stored information and help them to find the relevant one saving a lot of time and cost. Coupled with other available features, Attorneys can save cost and time both. The electronically stored information is useful for attorneys as it can offer the key piece of evidence to win a case. Once the required information at ESI is tracked, it can be converted into PDF documents and can be presented in court. Importance of E-Discovery The competent representation by Attorneys will essentially need the E- Discovery and it will surely be the need of future for any litigation. The concerned authorities have already recognized e-Discovery as a vital procedure for civil lawsuits. The most common malpractice claims are the result of simple laziness and will soon have to add inexperience with e-Discovery to that list. Having said this, the attorneys and other legal professionals will have no choice and have to learn new technical skills. A defensible e-discovery process will make weird bedfellows of attorneys and IT professionals. As known these skills are rarely taught in law schools, despite the fact how important these are for any attorney. The need to save money or cost-cutting has brought in-house e-discovery. With the current pandemic & the cost-related matter, it is majorly done in- house. The only solution is to avoid foot-dragging. Attorneys must take initiative to take steps to familiarize themselves with the e-Discovery process. E-Discovery: How to use Electronic Discovery Reference Model (EDRM) is a starting point and thankfully, the Attorneys can use it. The definitive framework for the e-Discovery process is the EDRM. The EDRM splits the e-Discovery process into nine “stages” connected by arrows. The summary follows. Information Governance (IG): It is the process of getting your data house to relieve risk and expenses. As companies are involved in creating, collecting, and storing the data, The important concern is how to keep the data secure. From the point of creating to deleting the information, Information Governance is about getting companies to carry out the procedures for how they create, manage, store, and secure Electronically stored information. Not

3. limited to it, this also includes the legal and regulatory obligations associated with e-Discovery. Identification: To prepare for litigation, the legal teams need to identify and decide relevant information under Electrical Stored Information. Preservation: Relevant Electronically Stored information cannot be destroyed or altered. The common way is through a legal hold sent to the keepers of the data informing to avoid the deletion of the data. Collection: ESI must then be gathered for processing, review, etc. but no alteration to Electronically stored information. Processing: The collected information electronically stored information must be prepared for attorney analysis. Review: This stage involves evaluating ESI for relevance and privilege. Several available software can be used to distinguish between valuable and non- valuable information. Production: Produce relevant information as evidence following court rules and procedures. Presentation: The last step is displaying information through Electronically stored information as evidence in a trial, hearing, etc.s The ediscovery process is an inevitable part of the larger legal process. Lawyers cannot afford to lag, especially when the consequences can be as severe as a negligence complaint or lower profits. Source URL : https://www.wattpad.com/1003742173-e-discovery-the-part- of-legal-process