E-DISCOVERY | Trial Tech

[E-DISCOVERY]

Electronic discovery, also known as E-Discovery refers to methods used to preserve, collect, and review Electronically Stored Information (ESL) for the purpose of using it as evidence to present at trial.

ACQUISITION

IMAGING

REVIEW

When you perform Forensic Acquisition, you are essentially performing imaging of drive. This type of E-Discovery will provide examiners with basic information like what files are being stored on the drive. When you back up your hard drive to an external drive, or to the cloud, you are making an “image” of the drive.

To perform computer Forensic Imaging, you need special software. Unlike a “backup” of a hard drive which mostly shows what files are on a computer, a full forensic image is clone of the entire hard drive. You can see everything that is on the drive, everything that has been deleted, and any and all activity including time stamps, who was logged in, Etc.

Data review is the process by which we convert the raw data into a searchable database. This allows attorneys to “mine” the database for evidence they can use to produce exhibits for trial presentation. After we have completed extraction and preservation of all of the information requested for discovery, we end up with a massive amount of data in no particular order or format.

What is E-Discovery?

E-Discovery refers to the process by which electronic data is identified, preserved, collected, reviewed, and produced for legal purposes, typically during litigation or investigations. It involves managing data in various digital formats that could be used as evidence, including emails, documents, databases, social media content, and other forms of digital communications and files.

As businesses and individuals generate more data electronically, e-discovery has become an essential part of modern legal practice. It helps legal teams locate relevant evidence quickly, ensuring compliance with court orders and discovery requests while also protecting against data spoliation (unintentional loss or alteration of data).

Key Components of E-Discovery

Identification:

The first step in the e-discovery process is identifying potential sources of relevant ESI. This could include servers, hard drives, cloud storage, email accounts, and more.

Preservation:

Once the relevant data is identified, it must be preserved in its original state to prevent tampering or loss. Legal holds are often placed on systems to prevent data from being deleted or altered.

Collection:

Data is collected from various sources using specialized software and techniques to ensure it’s done in a legally defensible manner.

Processing:

Data is processed to reduce its volume, eliminate duplicates, and convert it into a format that is easier to review. This can include metadata extraction and file format conversion.

Review:

Legal teams review the collected data to determine what is relevant to the case. This often involves filtering out non-relevant documents and identifying privileged materials that cannot be disclosed.

Production:

Relevant data is then produced to the requesting party in the appropriate format (e.g., PDF, TIFF, or native file formats) as per court orders or discovery requests.

Presentation:

In the final phase, the relevant evidence is presented in court. This can involve visual aids, summaries, or detailed analysis to support a legal argument.

Why is E-Discovery Important?

Efficiency: E-Discovery streamlines the discovery process by automating much of the data collection, processing, and review, saving both time and resources.
Compliance: Courts often require strict adherence to deadlines and proper handling of data during discovery. E-Discovery ensures compliance with legal and regulatory requirements, reducing the risk of sanctions or penalties.
Accuracy and Reliability: Using specialized tools ensures that data is collected and preserved accurately, maintaining its integrity as evidence.
Cost Control: By automating key tasks like document review and filtering, e-discovery can reduce the overall cost of litigation, especially in cases with large amounts of data.

Challenges in E-Discovery

Data Volume: The sheer volume of data generated daily can be overwhelming. E-Discovery tools are designed to manage large datasets, but managing and reviewing massive amounts of information is still a challenge.
Data Privacy and Security: With the rise of personal data, sensitive information, and proprietary business data, maintaining privacy and ensuring the security of data during the e-discovery process is crucial.
Complex Formats: ESI comes in many different formats, including emails, text messages, social media posts, documents, and more. Converting and processing these varied formats requires specialized tools and expertise.
Legal and Ethical Issues: E-Discovery must be conducted in a way that adheres to ethical guidelines and respects client-attorney privilege, confidentiality, and privacy concerns.

E-Discovery Tools and Services

Many law firms and legal teams turn to specialized E-Discovery service providers to assist with the process. These services often include:

Data Collection Tools: Software that extracts data from computers, servers, and cloud storage.
Review Platforms: Platforms that allow attorneys to efficiently review and analyze large datasets, tagging documents for relevance or privilege.
Data Processing Solutions: Tools that help reduce the volume of data by deduplicating, indexing, and converting files.
Legal Support Teams: Many E-Discovery providers offer managed services to help law firms with complex cases, providing technical expertise and ensuring that all procedures are legally compliant.

OUR MISSION

E-Discovery is an essential part of modern legal proceedings. With the increasing volume and complexity of digital data, having the right tools and processes in place is crucial to ensuring an efficient, legally compliant, and cost-effective discovery process. Whether you are involved in litigation or need assistance managing data for an investigation, understanding the fundamentals of E-Discovery can help you navigate the challenges of managing electronic evidence.