ESI Protocol checklist for ediscovery

Implementing a standard ESI protocol can seem daunting. Answering a few key questions up front is what turns a blank page into a protocol template you can reuse across matters.

What should an ESI protocol cover?

A solid ESI protocol addresses the sources and collection methods for each custodian's data, the metadata fields required for production, review parameters, privilege handling procedures, and secure delivery methods — all agreed to before discovery begins, not negotiated mid-matter.

Five reasons to standardize your ESI protocol:

1. Think through the entire matter up front

Drafting a protocol forces you to walk through discovery for the whole case before it starts, not one request at a time.

2. Protect your client's data and interests

A well-drafted protocol sets the terms for how data is handled — reducing the risk of disputes or inadvertent disclosure down the line.

3. Identify data sources that need extra planning

Some sources require more collection or production planning than others. A protocol surfaces those early, when there's still time to plan for them.

4. Reuse it for third-party data

The same protocol structure can apply when you're requesting or receiving data from a third party, not just the opposing party.

5. Build your discovery blueprint for the case

A documented protocol becomes the reference point you return to throughout the matter, keeping every decision consistent with the last.

This checklist gives you all 13 questions and considerations for drafting a protocol that fits your firm. Download it and get started today.

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