Commission on Law & Technology


eDiscovery


As lawyers grapple with shrinking litigation budgets, client opposition to protracted electronic discovery, and their ethical obligations, is self-collection the answer? Self-collection is the process by which individual custodians identify and produce to their counsel what they believe may be relevant to the litigation with little to no input and oversight by counsel. While superficially appealing from a cost-saving and time-saving standpoint, self-collection is inherently ill- suited for today's litigation.


This Leading Practice addresses how an attorney can advise a client in a small stakes litigation or a client with limited resources on how to comply with the client's obligations to preserve potentially relevant electronically stored information. This Leading Practice is intended to provide a general overview and approach to preservation. It should be read in light of other Leading Practices that address particular technology applications or issues.


Attorneys dealing with e-discovery should be aware of the categories of e-discovery products and services available and the terminology employed. In addition, when selecting an e-discovery vendor, there are various considerations for law firms and companies alike.


Articles


"Naughty or Nice? Instead of Coal, I Got...ESI?!," by Ryan P. Newell, Esq.
DSBA Bar Journal
| January 2015
This article originally appeared in the January 2015 issue of The Journal of the Delaware State Bar Association, a publication of the Delaware State Bar Association. ©2015 Delaware State Bar Association. All rights reserved. Reprinted with permission.