A detailed ESI protocol will simplify ediscovery and lead to smoother case planning in every step of the litigation process.
Establishing an ESI protocol might seem daunting at first, but answering a few simple questions at the outset of your case will help you stay on top of complicated ediscovery matters. This checklist lays out the questions that will guide you to a strong ESI protocol.
What are ESI protocols?
ESI stands for Electronically Stored Information, or the digital evidence that dominates most modern litigation. Your ESI protocol will map out your plan for handling this digital evidence. It will cover how you will collect and filter data, deduplicate documents, produce evidence, manage privilege logs, and more. It will become your discovery blueprint for the case – you’ll go back to it time and time again.
With strong ESI protocols, you’ll show up to your Meet and Confer knowing exactly what you need from opposing counsel. These clear requests will prevent road bumps later on in discovery.
What are the benefits of a standardized ESI protocol?
As you develop protocols for your case, you’ll think through discovery for the entire matter, which will help you gain an early understanding of potential issues that may arise as you collect and review data. You’ll identify sources of data that will require additional consideration and planning for collection and production. And most importantly, a well-drafted protocol will protect your client’s data and their interests.
★ Here are a few key questions to consider when planning protocols for your case:
- Where will the majority of your data be collected from?
- What type of metadata do you anticipate being most crucial during your review? (i.e. When v. Where v. Who)
- What are your production delivery methods and goals?