Management of Electronically Stored Information (ESI)
Traditionally attorneys saved documents long past the decision of the matter. When storage costs were low, files thin out, and future use unlikely this avoided destruction decisions and provided sacred comfort that if needed, closed documents would be available. The explosion of electronically stored information (ESI) and its interference into most areas of business and personal life has radically changed and confronted the judgment of law firm storing procedures.
All courts, including agencies, have moved to accept ESI as the most preferred medium of submission of documents, including retention, and display. ESI management is normally less expensive. Computers and ESI have impacted most sectors of society, from Prosecuting Computer Crimes to Internet available speeches.
Several decisions in the past and the current year demonstrate the court’s continued willingness to sanction litigants who allegedly fail to properly management of Electronically Stored Information or make inaccurate representations regarding their Electronically Stored Information management.
The rules and regulations in the United States and internationally address data protection and privacy:
- Can impact company’s operation. To check, if the vendor is aware of rules and regulations and can provide viable options for compliance.
- Companies are lawfully alarmed by how outside counsel is managing their data. Also, to check, if the third-party data management procedures are in line with the company’s requirements.
- Information security is critical to business operations. Vendor guidelines in its policies and procedures addressing this risk.
- It is crucial to check the economic capability of any proposed vendor.
ESI management facilitates the process, thereby reducing the costs and risks associated with electronic discovery. It will also help support an argument that any despoilation that may occur as the result of routine, good-faith operation of an information management plan for electronic data can provide some protection.
Being in line or managing the expectations, roles, and responsibilities of in-house personnel, and the vendor can facilitate success in complying with the obligation of electronic discovery. Steps to take include:
- Creating a Services Agreement with the vendors and outside counsel to reach an understanding of the others’ roles and responsibilities.
- Communicating realistic expectations.
- Creating a master team list with the contact details that allow reaching 24x7.
- Understanding the payers and steps to reach the goals of an evolving discovery plan.
- Establishing a plan to manage various risks by implementing accordance that addresses the limitation of liability, and restrictions.
- Vendor relationships management.
- Law firms, as partners cooperating with clients to control costs, may deliberately decide to charge certain discovery issues that may result in a more targeted discovery plan.
It is expected that counsel for the parties, including all others who have appeared, as well as all the ones, who responsible for making representations to the Court.
ESI is reviewed after having been processed and managed efficiently. The review determines any privileged information contained in the ESI and ensures that it is relevant.
