Smart Sharing: Best Practices for Exchanging Case Information with Opposing Counsel

07 February 2025 by Anith eDiscovery lawsuit production-sharing case-information
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Takeaway: Sharing case information with opposing counsel is a necessary part of legal proceedings, but incorrect sharing of documents can lead to serious risks like breaches of confidentiality, loss of strategic advantage, and compliance violations. Let’s dive into the best ways to share case info safely, why security and compliance are non-negotiable in eDiscovery, and how to make the most of GoldFynch’s production and sharing features to keep everything running smoothly.

Sharing case information with opposing counsel is just part of the process.

But how much should you share - thinking of granting access to all your case files? That’s a risky move. Not only could you accidentally reveal sensitive or privileged information, but you might also open the door to compliance issues.

Why sharing your entire case isn’t a good idea

Giving opposing counsel full access to your case files might seem more straightforward, but that approach can backfire. Here’s why:

  1. Sensitive information could slip through: Your case file probably contains relevant documents and sensitive info like internal communications, privileged notes, or even early drafts that don’t need to be shared. Giving full access means you risk sharing things that could hurt your case.
  2. You lose control over the narrative: When you share everything, you lose control over how your case is presented. Opposing counsel could sift through unnecessary documents to find something to twist or take out of context.
  3. Potential compliance issues: Sharing too much personal data could violate data protection laws like GDPR or CCPA. These regulations are strict about handling personal data; non-compliance can result in hefty fines.
  4. Loss of the ability to track access: When you share all your case information, you cannot maintain a complete audit trail of all those who have access to the files. Without a clear audit trail, maintaining a chain of custody becomes difficult.
  5. Accidental disclosure of work product: While working on a case, attorneys will make notes, strategic annotations, and categorizations on documents that should not be accessible to the opposing party. When sharing an entire case, you accidentally give access to these notes and annotations.

Before learning to share information securely, let’s understand why security and compliance are essential in eDiscovery.

Regarding eDiscovery, you’re dealing with electronically stored information (ESI), which often includes sensitive data like emails, financial records, and personal details. So, security and compliance should be top of mind because:

  1. You’re protecting client data - Clients trust you with their information. A data breach damages that trust and can lead to legal consequences.
  2. Need to stay compliant with data laws - Laws like GDPR and CCPA set strict guidelines for handling personal data. Violating these rules can result in hefty fines and damage your firm’s reputation.
  3. Need to ensure the integrity of your case - Secure handling of eDiscovery ensures that documents aren’t tampered with or altered. This helps preserve the integrity of your case and avoids potential challenges from opposing counsel.

So, what’s the right way to share case info without jeopardizing your position?

Here are some tried-and-true best practices:

  1. Share only what’s necessary: Double-check that the information is relevant to the case before you send anything. If it’s not required, don’t share it. Sharing what’s necessary keeps the focus on what matters and protects sensitive data.
  2. Redact sensitive information: Use redaction tools to block out confidential or privileged information before sharing documents. Redacting sensitive information is crucial for keeping personal details and internal strategies private.
  3. Use secure sharing methods: Forget email attachments. Instead, use secure, encrypted platforms to share files. GoldFynch’s sharing feature, for example, lets you securely share specific documents or productions without exposing your entire case file.
  4. Keep track of what you share: Always maintain detailed records of what you share, when, and with whom. Tracking your sharing activity not only helps you stay organized but also provides a clear trail in case there’s ever a dispute.
  5. Set clear boundaries with opposing counsel: Establish how and when you will share documents upfront. Agreeing on secure methods and formats helps prevent misunderstandings and ensures everyone is on the same page.

Let’s see how GoldFynch makes secure sharing easy.

The design of GoldFynch’s eDiscovery platform simplifies the sharing process while keeping everything secure and compliant. Here’s how:

1.Targeted sharing

With GoldFynch, you can share individual documents, folders, or entire productions without giving access to your entire case file. This ensures you’re only sharing what’s necessary. You can also control the allowable downloads and the share’s availability.

2.Built-in redaction tools

GoldFynch’s redaction tools make it easy to block out sensitive information before sharing. You can apply redactions manually or use automated tools for large sets of documents. While producing documents with redactions, GoldFynch’s production process ensures that only image/PDF versions of documents with redactions and their ancestors are available, and the exclusion of natives.

3.Secure, trackable sharing

GoldFynch’s sharing feature protects your data with secure, encrypted links. You can also track who accessed the files and when giving you complete control over the sharing process.

4.Compliance made simple

GoldFynch helps you comply with data protection laws by offering secure storage, access controls, and audit trails. This reduces the risk of non-compliance and keeps your firm in the clear.

We’ll now walk through securely sharing specific documents using GoldFynch.

Let’s say your firm needs to share specific financial documents with opposing counsel using the GoldFynch app. The steps to share only the particular set of documents are:

  1. Document selection: First, you must select all the relevant documents from your case and tag them appropriately. This way, you know what you are going to share.
  2. Redact sensitive information: Use the GoldFynch application’s redaction tools to remove sensitive and privileged information from the selected documents.
  3. Use GoldFynch’s production feature: Create a production set by selecting only the relevant documents from the tagged documents in the first step. This lets you compile what you need to share without exposing unrelated files. Using the production wizard, you can choose how to block out the redactions you have made.
  4. Securely share the production: Once your production set is ready, use GoldFynch’s secure sharing feature to send it to opposing counsel. You can set permissions to control access and track when documents are viewed.

This process lets you control what is shared, protect sensitive data, and comply with legal requirements.

Sharing case information with opposing counsel doesn’t have to be a headache.

By following best practices—like sharing only what’s necessary, using secure platforms, and keeping detailed records—you can protect your client’s data and maintain the integrity of your case.

The process becomes even easier with tools like GoldFynch’s Production and Sharing features. You’ll have the power to control what’s shared, ensure compliance with legal requirements, and keep everything secure.

Looking to streamline your eDiscovery process and share case information securely? Try GoldFynch today.

GoldFynch is an affordable, streamlined, and secure eDiscovery service for small—to mid-size organizations. Its sharing features are easy, efficient, and secure. You can sign up for a free trial without a credit card in seconds.

  • 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.
  • It keeps you flexible. To build a defensible case, you need to be able to add and delete files freely. Many applications charge to process each file you upload, so you’ll be reluctant to let your case organically shrink and grow. And this stifles you. With GoldFynch, you get unlimited processing for free. So, on a 3 GB plan, you could add and delete 5 GB of data at no extra cost – as long as there’s only 3GB in your case at any point. And if you do cross 3GB, your plan upgrades automatically and you’ll be charged for only the time spent on each plan. That’s the beauty of prorated pricing.
  • Access it from anywhere. And 24/7. All your files are backed up and secure in the Cloud.

Want to learn more about GoldFynch?

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