Working with clients to collect ediscovery data: 4 strategic tips

Working with clients to collect their own data ranks as the third most common firm-level challenge in Nextpoint's 2026 eDiscovery Landscape Survey, cited by 31% of respondents. Unlike document review or data mapping, ediscovery client collection isn't primarily a technical problem. It's a relationship one, shaped by how well a client understands what's being asked of them and how comfortable they feel handing it over.

That gap shows up at every stage of the collection process: what gets missed because a client didn't think to mention it, the back-and-forth over file formats and labeling, and the hesitation that surfaces when clients aren't sure where their data is going. Closing that gap takes more than a single request for documents. It takes a standardized process.

In this excerpt from our eGuide, 21 Practical Tips to Solve Your Biggest eDiscovery Problems, we break down what survey respondents told us about this challenge, along with 4 practical tips from Nextpoint's ediscovery experts for managing ediscovery client collection from intake through production.

What respondents told us

Working with clients to collect their documents was cited by 31% of respondents as a firm-level challenge — and the open-ended responses revealed why. Client collection isn’t just a logistical problem; it’s a communication and expectation-setting problem.

“It can be so tricky identifying to clients exactly the information you need and that yes, you literally need EVERYTHING in the file on this one thing. Getting things transferred from a file sharing website to our internal software and then labeled in a way that’s universally understood and useful is another thing.” — Associate attorney at a large law firm

“Our clients maintain records in multiple places making it difficult to collect all in one swoop.” — Litigation paralegal at a government agency

“It is difficult to obtain what is needed from clients who resist or deal with data privacy issues.” — Litigation paralegal at a large law firm

The common thread: Clients don’t think about their documents the way lawyers do. They don’t know what’s relevant, don’t understand why it matters, and often find the collection process intrusive or confusing. Bridging that gap is a skill in its own right.

4 tips for smoother ediscovery client collections

1. Set expectations about the collection process at the start of every engagement

The single most effective thing you can do to ensure smooth client collections is explain the process before it begins — what you’ll be asking for, why you need it, how it will be handled, and what happens next. Clients who understand the process are more cooperative and less likely to push back or produce incomplete information. Make this conversation part of your standard matter intake.

The clients who are hardest to collect from are almost always the ones who weren’t prepared for what collection involves. A fifteen-minute conversation at the start of a matter — explaining what you need and why — pays for itself many times over in time saved during collection.” ^{Sonali Hanson} _{Managing Partner, Nextpoint Law Group}

Setting expectations for the client is only one piece of the puzzle. These early conversations also present an opportunity to gain a broad understanding of your client’s data landscape and protocols, so that you can set expectations for yourself and your team about the scope of the collection. Determine whether they have existing information governance or records retention policies, and find out if they have an IT team or other individual who can offer more insights.

2. Use a pre-collection questionnaire and conduct custodian interviews to identify all data sources 

Don’t rely on clients to spontaneously remember every place they keep relevant information. A structured questionnaire covering email, file servers, cloud storage, mobile devices, messaging apps, and any relevant third-party platforms can surface sources that clients would otherwise overlook — but the questionnaire is a starting point, not the finish line.

Custodian interviews let you follow up on responses, probe for systems or habits the questionnaire didn’t anticipate, and catch inconsistencies before they become collection gaps. A custodian might check a box for “company email” without thinking to mention the personal Gmail account they used to forward documents, or the Slack workspace a vendor set up for the project. A direct conversation creates space for those details to emerge.

Together, the questionnaire and interview create a documented record that you made reasonable, systematic efforts to identify the full scope of relevant data — which matters both for defensibility and for your own peace of mind when litigation gets contentious.

3. Be cautious about client self-collection — and know when to step in

Multiple respondents noted that their clients are not always tech savvy, which means allowing self-collection can be risky. When clients collect their own data without adequate attorney oversight, the risks multiply quickly: relevant sources get missed, metadata gets altered, and defensibility problems arise.

That doesn’t mean you have to personally upload every single email inbox or chat history needed for ediscovery. But you should be intentional about which aspects of the collection you delegate, and closely monitor the results. If a client’s IT team is handling any part of the collection, make sure they have clear, specific direction on scope, search parameters, file types, and date ranges — don’t assume they’ll intuit the legal requirements of the task.

And when individuals do upload data themselves, give clear instructions to ensure relevant metadata is captured and all necessary data is collected. Taking the time to provide direction upfront is often faster than troubleshooting a failed or incomplete collection after the fact.

Read our blog on the risks of self-collection to learn more.

4. Address data privacy and security concerns directly and proactively

Client resistance to collection is often rooted in concern about where their data is going and who can see it. Rather than waiting for these concerns to surface as obstacles, address them upfront. Explain your firm’s data handling practices, the security posture of any platforms involved, and any relevant confidentiality protections. Clients who feel informed about how their data will be protected are significantly more willing to cooperate.

Security and confidentiality are almost always on clients’ minds during collection, even when they don’t say so directly. We’ve found that proactively addressing those concerns — rather than waiting to be asked — builds trust and reduces friction throughout the process.” ^{Tricia Boguslawski} _{Chief Client Officer, Nextpoint}

Get more strategic ediscovery guidance

These 4 tips are just one piece of the picture. Client collection is only the third of four challenges legal professionals told us they're facing most, alongside document review, data collection, and simply not having enough time in the day. Our full eGuide, 21 Practical Tips to Solve Your Biggest eDiscovery Challenges, digs into all four, drawing on responses from 101 legal professionals along with field-tested advice from Nextpoint's ediscovery and legal services experts. Download the full guide to get all 21 tips in one place.

And if your team needs a hand structuring client intake or collection workflows, schedule a consultation with the Nextpoint services team. They can help with intake processes, custodian interviews, and defensible self-collection guardrails.