Article

How Does the eDiscovery Process Work?

Topic: Legal ServicesPublished April 11, 2012

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There are many people today who do not understand what ediscovery is, what it accomplishes, and how important it is in our modern lives today. Although it may not affect a lot of people directly it is something that people should start to know about as our lives become more complex and reliant on technology as a way of communication and data storage.rnThe reason for this is because people need to be careful about the way that they communicate with people and how they handle sensitive data. Also it is important for businesses to realise that storing data is extremely important and should be compliant with local and international legislation.rnAn example of a business not storing their data correctly is a business that is using a cloud server system hosted abroad. They may have different data protection and storage laws than in the country where the business is based. It will still come under local legislation and if it has been stored incorrectly and deleted an ediscovery firm could find this out and prove it, meaning that a company could be liable in a court of law.rnHow does the ediscovery process work?rnFirstly there is a process of identification to select which methods are going to be used. Meetings will be held with the legal team or individual who is in charge of a particular case. They will then highlight which areas are going to need discovery so that the company can get its resources ready.rnOnce this is done the task of discovery begins and they will start to collect the data using various methods and resources available to them. Once this has been done the evidence will go under review to check whether it is relevant or not and will be processed.rnDuring the processing stage the eDiscovery company will decide which format to present their findings in. Sometimes with a picture it can be presented solely on its own but if there are a set of e-mails usually they will use PDF documents to do that.rnThe company will then present this in a form that is admissible in a court of law and is depending on the size of the case it will even be in front of a judge or a jury.rnThis is the basic process of ediscovery and what normally takes place when a company is hired. It is of course dependent on the size of the case and the budget that the individual organisation has. The reason is because it can be extremely expensive if a lot of information and data has to be collected.rnThere are however Internet-based companies that will now offer smaller packages tailored to small businesses and individuals. Also an ediscovery company can offer advice on how to store information correctly for example if a business has a large internal e-mail system this at some point may be scrutinised for discovery if legal action is ever taken against the company or an employee. There are many different uses for ediscovery and it is growing every day as our society is more reliant on electronic devices for day-to-day tasks.

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