Expert Advice When You Need It Most

E-Discovery Tips in Litigation

Written by: Alan James Brinkmeier

Reputation Level 20

Lawsuits

Posted almost 3 years ago. 12 helpful votes, 0 comments

Save

Share with:

Determine the Custodians of the Materials

To get a start on managing the plan, determine the likely persons that will be the key players in and knowledgeable about the electronic documents. Parties in a lawsuit can now demand from each other word processing documents, e-mails, voice mail and instant messages, blogs, backup tapes and database files. Failure to comply with these sundry electronic production obligations can lead to serious sanctions. Types of “electronic records” includes deleted emails and files, program files, system history files, web site information, web sites files, cookies and other electronic stored information. Searching, obtaining and preserving this type of information is critical at the earliest stage of the lawsuit.

Identify the Kinds of Materials

This has to be tailored to the precise litigation case. The materials in an accountant’s office and the methods used by financial departments will vary widely from those used in a doctor’s office or hospital. The same methods for managing a tort case involving technical engineering drawings and documentations will vary widely from those kept by a municipality sued for an improper taking of land. In a great many work places, email now far exceeds the volume of postage by mail for written correspondence, but email is not the only form of electronic communication. Text, instant messaging and fax communications generated from an employee’s computer presents new collection and preservation information types.