E-Discovery Update - by Fios Inc.: Developing a Case-Specific E-Discovery Plan

By Conrad J. Jacoby, Published on October 15, 2006

Over and over again, lawyers are urged to take time at the start of a matter to develop a comprehensive plan to manage the collection, review, and production of electronically stored information ("ESI"). However, even as requesting parties (and judges) are increasingly specific (and short-tempered) in their discovery requests for potentially relevant ESI, too few legal teams reserve adequate space in their case development plan for this important strategic component. With the amended Federal Rules of Civil Procedure putting additional pressure on legal teams to proactively deal with ESI issues, what does it really take to build a case-specific e-discovery strategy?

The short answer, of course, is that the specific facts of the case will determine the complexity of the plan. However, every matter will require analysis (however brief) of the following areas: