Early Case Assessment: Evolving from Tactical to Practical

In eDiscovery, we maintain many bad habits from the pre-digital age. However, we have lost sight of one great habit: a preliminary walkthrough of boxes containing material potentially relevant for disclosure. This ritual gave the discovery team a chance to get the lay of the land.

Just as we walked through paper documents in the past, today we should do walk-throughs of electronically stored information (ESI). ESI walk-throughs need to be done quite differently, as it poses challenges and offers opportunities we never faced with paper.

In this paper, we will examine four kinds of analytics—statistical, date, textual and relationship—and five practical ways you can apply them in early case assessment. These techniques can give you a much clearer, more accurate, and comprehensive view of the issues at hand and the potential pitfalls you will need to avoid, at the earliest possible stages of the discovery process.


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