During the discovery phase of litigation, parties to a dispute must take appropriate, reasonable steps to locate relevant, responsive Electronically Stored Information (“ESI”) in response to discovery requests. The EDRM Search Guide focuses on the search, retrieval and production of ESI within the larger electronic discovery process described in the EDRM Model. Use of automated search can be an essential component in the e-discovery process as attorneys may perform automated searches to locate relevant, responsive, and/or privileged ESI for a legal matter. The EDRM Search Guide describes the concept of search, the various search methodologies available to a practitioner in a particular case, and how various search methods may be deployed to achieve the most optimal results.
Typically, various automated searches are used by a Producing Party, in response to discovery request for ESI from a Requesting Party. The goal of this document is to provide a standardized way for the Requesting Party and Producing Party to communicate with each other regarding aspects of search that are important for a successful search, retrieval and production of responsive ESI. This document also addresses standardized reporting by which a Producing Party can provide search results to the Requesting Party. A production request may involve iterative evolution and refinement of searches between the Requesting Party and the Producing Party during the discovery lifecycle of the litigation. The EDRM Search Guide provides a mechanism for documenting this historical evolution of searches, thereby providing a vehicle for communicating these changes. It also provides Best Practices Guidelines on when certain search methods are likely to produce more effective results, and aspects of search that may be considered to achieve optimal results. The EDRM Search Guide is a dynamic, living document that will require appropriate revision from time to time as the needs of the legal community develop and change and as the tools and techniques available to parties in disputes evolve to meet those needs.
The Overall Diagram
The EDRM diagram represents a conceptual view of the electronic discovery process, not a literal one. One may engage in some but not all of the steps outlined in the diagram, or one may elect to carry out the steps in a different order that shown here.
The diagram also portrays an iterative model. One might repeat the same step numerous times, honing in on a more precise set of results. On might also cycle back to earlier steps, refining one's approach as a better understanding of the data emerges or as the nature of the matter changes.
The diagram is intended as a basis for discussion and analysis, not as a prescription for the one and only right way to approach electronic discovery.
The Boxes
Each box in the EDRM diagram represents a major stage in the electronic discovery process broadly defined. Within each box there can be a number of sub-processes. Each box is connected to the others boxes by both colored and black arrows.
The Colored Arrows
The colored arrows, such as the blue arrow from Information Management to Identification, represent a consensus view of a typical electronic discovery workflow. Although the colored arrows represent a common general flow of events, the black arrows are just as important.
The Black Arrows
The black arrows, such as the arrow from Identification to Information Management, show that the electronic discovery process often is iterative. At any stage of the electronic discovery process, it may be appropriate to cycle back to an earlier stage. For example, as you monitor processing of ESI, you may realize that an additional custodian's ESI is relevant for your purposes and decide to return to the identification, preservation and collection stages to deal with that person's ESI.
The Yellow Volume Triangle
As you work through the electronic discovery process, you should be able to reduce the volume of ESI with which you need to contend. While you might start the process with terabytes of data, by the end of the process rarely will you want to put more than a handful of files before an audience.
The Blue Relevance Triangle
As you work through the electronic discovery process, you should find that an increasingly large percentage of the ESI you are handling is relevant to your project. Generally, the increase in relevance goes hand in hand with the decrease in volume.
For more information about EDRM, visit www.edrm.net
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