The eDiscovery process is a series of steps to identify, collect and produce electronic information for legal cases and regulatory compliance.
Mastering the eDiscovery process can help legal professionals build cases from mass electronic data efficiently, saving time and money.
Throughout this blog post, we’ll explore the six-step eDiscovery process in detail so you can understand the importance of each stage.
- Data collection
- Data transfer
- Data processing
- Early case assessment (ECA)
- Document review and exchange
- Case termination
1. Data collection
In the first step of the eDiscovery process, forensic data collection methods are used to compile all the necessary data without altering the original file metadata. It’s vital not to modify the metadata during collection as this can cause the evidence’s validity to be questioned.
Any changes to the metadata could hinder your Early Case Assessment (ECA) process or, in some cases, lead to sanctions from the court on counts of spoliation. If your client wishes to conduct self-collection, the responsibility to avoid data spoliation is theirs.
One famous instance of data spoliation in a high-profile case was the Wagatha Christie case between Coleen Rooney and Rebekah Vardy, which came to fruition in 2019. We explored the data spoliation that occurred throughout the events of the case in our blog post here.
2. Data transfer
Once you’ve collected your data, you must transfer it to a secure environment for further analysis and processing.
This step moves data from its original source to a centralised repository or designated eDiscovery platform.
Ensuring the security and integrity of data is crucial here, so maintaining a chain of custody is a key consideration.
