Having the right people, processes and technology in place within your organization will enable you to collaborate more easily.
In order to evolve, these are key ingredients, as are the appropriate personnel to design best practices and perform them daily. If you are serious about process improvement, responsibilities should be documented and workflows designed in anticipation of future needs.
The firms and organizations that are having the most success with eDiscovery have made process standardization a priority. This includes implementing legal hold protocols (with auditing) and working with in-house counsel to develop comprehensive ESI questionnaires. This will assist organizations to create a data map, which will result in being better prepared to efficiently respond to any document requests.
Having an in-house ESI specialist can also be an asset when it comes to FRCP 26(f) meetings. It is imperative that the attorneys are able to articulate the measures which have been taken by their clients to implement a legal hold on all potentially relevant information, and address any potential challenges likely to be encountered in the collection, review and subsequent production of ESI.
Considering the complexity of eDiscovery, a service provider with expertise in this ever-changing discipline should be a part of your team. With proactive consultation, a consistent project management team and flexible workflows, they will be able to complement/supplement key areas of need. This partnership establishes a fluid set of procedures that can make a substantial difference.
Remember, establishing some basic eDiscovery best practices within your organization is an evolution, not a revolution. Start by simply forming a practice group or a committee, which may include your designated specialist(s), as well as business partners, associates and paralegals. Soon your initiatives will begin to take shape.
You can learn more about ESI, eDiscovery and FRCP through sources such as EDRM. Also, engage with attorneys from other firms, who likely share the same challenges. And, again, the importance of meeting with your preferred service provider cannot be understated. Their experience and insights will strengthen your knowledge in these specialized areas as it pertains to your specific business practice and internal processes.