Understanding Legal Discovery: What is It and Why is It Important?

25 October 2024 by Carey eDiscovery
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Takeaway: In today’s fast-paced digital world, how information is stored and shared has evolved dramatically. As businesses, individuals, and organizations increasingly rely on digital means to communicate and store data, the legal field has also adapted. One such adaptation is eDiscovery —a term critical in modern legal practice. But what exactly is eDiscovery, and why is it so important in law?

What is eDiscovery?

eDiscovery, short for electronic discovery, refers to identifying, collecting, and producing electronically stored information (ESI) in response to a request for production during litigation or an investigation. In simpler terms, it’s the digital version of traditional discovery, where parties involved in legal cases exchange information crucial to the case. So, when we talk about eDiscovery in law, we’re referring to the digital aspect of evidence collection. Documents, emails, social media posts, text messages, databases, and other forms of electronically stored data all fall under the category of ESI and are fair game in litigation.

eDiscovery encompasses all electronic data handling processes data, from identifying relevant files to securing, reviewing, and presenting them in court. In simple terms, the definition of eDiscovery includes the legal process of:

  • Identifying relevant ESI
  • Preserving data
  • Collecting data from various digital sources
  • Reviewing the data for relevance to the case
  • Producing the data in a format that lawyers can use in legal proceedings

The eDiscovery process

Now that we understand what eDiscovery is, let’s break down its process. The eDiscovery process generally follows a structured workflow. Here are the key stages:

1. Information Governance: Information governance helps systematically manage records, ensuring data is available and protected for future needs. Organizations should have an information governance policy before litigation begins.

2. Identification: The identification phase involves determining what data may be relevant to the case. During the identification phase, attorneys must collaborate with IT specialists and forensic experts to locate all potentially relevant ESI.

3. Preservation: Next is preserving the identified data. Data preservation means safeguarding it from being altered, deleted, or tampered with during legal proceedings. Failure to maintain data properly can result in penalties or sanctions.

4. Collection: Data collection needs to be legally defensible. It can involve copying files, capturing emails, or retrieving information from company servers. The organization or individual must collect the data without changing the original information to maintain its integrity.

5. Processing: Processing the collected data involves many processes. Some of the main processes are removing duplicates and converting images and scanned files to searchable text using Optical Character Recognition (OCR).

6. Review: In the review phase, attorneys and legal professionals review the data to determine which pieces are relevant and which may be privileged or confidential. Advanced software tools often assist in this process and flag important information.

7. Production: After the data review, the relevant data is produced and shared with opposing counsel. The production phase requires that the organization or individual provide the data in a format that is accessible and usable during litigation.

8. Presentation: The final stage is presenting the selected **evidence in court. The presentation phase involves showcasing the data in a clear and understandable format, whether as a printed document or a digital exhibit.

Why is eDiscovery important?

eDiscovery is incredibly important in modern litigation. It has become one of the most critical aspects of legal cases for several reasons.

### Massive shift to digital information Most of the world’s communication and record-keeping now takes place digitally. The sheer volume of daily data is staggering, from emails and cloud storage to text messages and social media interactions. In legal cases, it is essential to access this information because it can contain key evidence that would be impossible to retrieve through traditional discovery methods. The importance of understanding eDiscovery in law becomes apparent when you consider that, without eDiscovery, you can easily overlook crucial digital evidence. For instance, an email thread could provide the missing link in a legal argument, or a social media post might contradict a statement made in court.

Discovery, whether traditional or electronic, exists to ensure transparency and fairness in litigation. The eDiscovery process ensures that all relevant parties have access to the information they need to build their case. It also allows for the equal sharing of evidence, which is fundamental to fair trials and legal proceedings.

The complexity of many legal cases today, especially those involving large corporations, makes eDiscovery necessary. Traditional discovery methods are inefficient when multiple departments or international branches are involved. eDiscovery tools streamline the process by making it easier to sift through large volumes of data and zero in on relevant information.

Reduces time and cost of litigation

While eDiscovery can seem overwhelming due to the sheer volume of data, modern software, and technology have made it much more efficient. Advanced eDiscovery tools help reduce the time it takes to locate, review, and produce documents. As the process becomes more automated and less labor-intensive, it can also significantly cut down on the cost of litigation.

Challenges in eDiscovery

Although eDiscovery has many benefits, it’s not without challenges. Some of the most common issues include:

  • Data volume: One of the biggest challenges is the sheer volume of ESI. Legal teams can find themselves sifting through terabytes of data, which can slow down the process if not managed efficiently.
  • Data privacy and security: The handling of sensitive information always carries the risk of breaches or accidental exposure, especially when dealing with personal or proprietary data.
  • Technological expertise: Understanding how to use eDiscovery software and manage ESI requires a certain level of technological expertise, which not all legal teams may have in-house.
  • Cross-border eDiscovery: In cases involving international entities, different data privacy laws may apply, complicating the process further.

Importance of eDiscovery in modern litigation

As technology advances and more of our lives occur in digital spaces, the importance of eDiscovery in law will only grow. It has transformed how legal teams approach cases and prepare for court, making it a cornerstone of modern litigation. While it comes with challenges such as data volume and security, the advantages—such as improving efficiency and reducing litigation costs—are undeniable.

Understanding eDiscovery in law can give you insight into one of the most vital processes in today’s legal landscape: ensuring that evidence is preserved, discovered, and presented accurately in a court of law.

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GoldFynch is an affordable, streamlined, secure eDiscovery service for small to mid-size organizations. It has a free trial that you can sign up for in seconds without a credit card.

  • It costs just $27 a month for a 3 GB case: That is significantly less than most comparable software. With GoldFynch, you know what you’re paying for exactly – its pricing is simple and readily available on the website.
  • It’s easy to budget for. GoldFynch charges only for storage (processing is free). So, choose from a range of plans (3 GB to 150+ GB) and know upfront how much you’ll be paying. It takes just a few clicks to move from one plan to another, and billing is prorated – so you’ll pay only for the time you spend on any given plan. With legacy software, pricing is much less predictable.
  • It’s simple to use. Many eDiscovery applications take hours to master. GoldFynch takes minutes. It handles a lot of complex processing in the background, but what you see is minimal and intuitive. Just drag-and-drop your files into GoldFynch and you’re good to go. Plus, it’s designed, developed, and run by the same team. So you get prompt and reliable tech support.
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  • Access it from anywhere. And 24/7. All your files are backed up and secure in the Cloud.

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