It is not uncommon to come across lawyers that misunderstand what eDiscovery is. For many, the rather simplistic perception exists that eDiscovery is the process of turning documents into an electronic form.
To help address this misunderstanding, LawTalk recently published an article of mine Adding the “e” to discovery. The article identified just exactly what eDiscovery is and some of the differences to the traditional discovery process.
eDiscovery (or electronic discovery) is simply an extension of the of the traditional discovery process by applying it to Electronically Stored Information (ESI).
The eDiscovery process is still the same as the discovery process was, or is. Just because we have added an “e” it doesn’t mean the obligations are any different. To improve the effectiveness of the discovery process, electronic means are now required to manage the electronic information.
The article considered what has changed, with essentially all information now created electronically. This provides significant challenges for the discovery process, challenges that can quickly lead to costs spiralling out of control.
Highlighted throughout the article is the point that there are now simply better ways to conduct discovery. Many of the traditional paper based practices have become outdated and are no longer effective in managing electronic information.
Preparation and planning is critical to successfully manage the discovery process. An effective eDiscovery process will help parties be more informed at an earlier stage, whilst preventing many of the unnecessary costs and burden that can be associated with eDiscovery.
These messages are reinforced by some of the points I made in the conclusion of the LawTalk article –
Whether we call it ‘discovery’ or ‘eDiscovery’, the process remains the same as it has always been. It is a process that has been complicated by proliferation of electronic information.
What has changed is how we prepare for and manage the discovery process. The challenges presented by today’s digital paradigm require greater investment at an earlier stage to plan the discovery process.
You can read my full article in LawTalk here.