Four practical rules for electronic discovery.

• Jurisdiction: United States
• Author: Stieglitz, Val
• Date: 01 October 2005

IADC members Val Stieglitz and Atiba Adams spoke at a committee presentation at the 2005 IADC Midwinter meeting in Puerto Rico. Their presentation evolved into this piece, originally published in the March 2005 Business Litigation newsletter. Their goal was to identify practical issues that in-house and outside counsel face in managing the electronic discovery process to successful conclusion. This article highlights essential tools for the complicated world of litigation discovery.

1. Remember Your Audience

   Businesses get into trouble when the court believes that they acted unreasonably in preserving, collecting, and/or producing discoverable electronic material. The goal, therefore, is to get to what your judge will view as a reasonable search, review, and production. The goal is not to satisfy your IT consultant or your imaging vendor, or an outside counsel for whom computer software and e-discovery is a personal hobby. Only the judge decides whether you acted reasonably. This basic truism can be overlooked with remarkable ease. Rule #1 therefore, is to gear everything--your plan for collection and...