The definitive guide to executing ediscovery data collections

How to get ediscovery data collections right

Data collection is the most technically rigorous phase of ediscovery — and the one where legal teams most often get into trouble. Collect too broadly and costs spiral. Collect too narrowly and you face spoliation risk. Rely on the wrong method and your collection may not hold up to judicial scrutiny. This best practice guide from Nextpoint's Professional Services team gives you the strategy, frameworks, and decision tools to get it right.

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Five things you’ll learn from this guide: 

1. How to build a collection strategy that fits your matter
   ‍Not every matter calls for the same approach. This guide walks you through the strategic questions that should shape every collection decision: scope, timing, sensitive data considerations, and when to bring in outside experts.‍
2. How to identify the right custodians — and narrow scope without losing ground
   ‍Custodian count is a primary cost driver in ediscovery. This guide explains how to narrow scope strategically — through custodian questionnaires, sampling protocols, and agreements with opposing parties — without creating risk. Learn how courts and requesting agencies view scope decisions, and how to document your rationale.‍
3. Where data lives — and what it takes to collect it
   ‍Active files, cloud platforms, mobile devices, offline archives, backup tapes, hidden or fragmented data — each source category requires a different collection methodology. This guide maps the full data source landscape and explains what to expect from each, so your team can plan resources and tools before collection begins, not during it.‍
4. Which collection method is right for your situation
   ‍Employee self-collection, IT-assisted collection, external experts, remote collection — each has tradeoffs in cost, defensibility, and risk. This guide breaks down the pros and cons of each approach, and gives you the eight questions to answer before selecting a method. The wrong choice can cost you in court; the right one can save you significantly.‍
5. The four best practices every collection team should follow
   ‍Collect only what you need. Be proactive about challenges. Phase your collections. Build a centralized ESI repository you can reuse across matters. These four principles are the foundation of every defensible, cost-controlled collection — and this guide explains exactly how to put each one into practice.

Data collection mistakes are hard to undo and easy to avoid. With the right strategy in place before collection begins, your team can move faster, spend less, and build a defensible record that holds up at every stage of litigation.

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