Helpful e-Discovery Tips

TASA ID: 4285

1. Always know what production format you’re agreeing to BEFORE signing off on the protocol. The details can cost you. Ask For Help.  
 
2. Recovering deleted data adds cost and complexity. Remnant files can be difficult to review. It may not be right for all cases.  
 
3. You can search using Adobe or Outlook but they are not dependable. Don't risk missing that critical item. Know the true cost.  
 
4. Know where your vendor hosts data. Is it in a closet, secure data center or a PC on the floor? Don’t find out the hard way.  
 
5. e-Discovery isn't as expensive as you think. In fact, it's probably LESS costly than those paper copies you're used to.  
 
6. You may not use or understand e-Discovery tools and technology, but the day you face an adversary that does, you'll wish you did too.  
 
7. A PST is a file created through MS Outlook or Exchange as a container for a user’s email, contacts and calendar items.  
 
8. Why are Lotus Notes a headache in ESI? Because Notes email is configurable at the user level which equals custom data formats.  
 
9. Copying files around on your computer/hard drive leads to spoiled metadata. Use copy software or "zip" the files instead.  
 
10. Privilege review requires QC. When you’re ready to produce, run some extra searches and filters to be sure nothing slipped through.  
 
11. Take the initiative and cut e-Discovery costs for your clients. If you don't, general counsel may do it for you.  
 
12. Email data can exist in any number of places: smartphones, laptops, tablets, desktops, mail server, and webmail (Gmail, Yahoo, Hotmail, etc.)
 

These tips discuss issues of general interest and do not give any specific legal or business advice pertaining to any specific circumstances.  Before acting upon any of its information, you should obtain appropriate advice from a lawyer or other qualified professional.

These tips may not be duplicated, altered, distributed, saved, incorporated into another document or website, or otherwise modified without the permission of TASA.