A Basic eDiscovery Framework: One Way To Align Three Differing Approaches
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eDiscovery Offering Framework Plan Preserve Prepare Review Share General Categories Framework Defini.ons Plan: Proac9ve establishment and execu9on of tasks, techniques and procedures designed to maintain the integrity of electronically stored informa9on (ESI) and facilitate the conduct of ESI discovery throughout the li9ga9on lifecycle. Preserve: The execu9on of tasks, techniques and procedures designed to keep ESI safe from danger or harm throughout the li9ga9on lifecycle. Prepare: The execu9on of tasks, techniques and procedures designed to make appropriate ESI ready for examina9on and evalua9on. Review: The execu9on of tasks, techniques and procedures designed to examine and evaluate ESI in rela9on to audit, inves9ga9on or li9ga9on objec9ves. Share: The tasks, techniques and procedures designed to allow others to use appropriate ESI as part of an audit, inves9ga9on or li9ga9on. Addi.onal Defini.ons Task: A definite and specific instance or act of work. Technique: The method in which a task is accomplished. Procedure: The sequence of ac9ons or instruc9ons to be followed in accomplishing a task or series of tasks. Source: A Basic eDiscovery Framework: One Way To Align Three Differing Approaches. ComplexDiscovery.com, 2012.
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Organizing and Aligning Different Approaches to eDiscovery With the goal of helping eDiscovery providers and consumers establish a basic framework for organizing and aligning the elements of three commonly referenced approaches to eDiscovery, the following Basic eDiscovery Offering Framework is provided for your consideration and use. Basic eDiscovery Offering Framework The Basic eDiscovery Offering Framework is designed to help eDiscovery professionals cohesively consider how to share and compare service and product information as it relates to the conduct of eDiscovery regardless of the steps, model or best practices used by practitioners. The framework was initiated as part of an exercise to align the step, model and best practice tasks highlighted in the following three commonly referred to eDiscovery approaches: + Arkfeld’s Best Practices Guide for Electronic Discovery and Evidence – Technology Steps (Michael Arkfeld)¹ + The Electronic Discovery Reference Model – EDRM (EDRM)² + Electronic Discovery Best Practices – EDBP (Ralph Losey)³ The framework provides for a common, high level group of five categories that appear to span the spectrum of potential eDiscovery tasks and can be used to help organize and align underlying legal requirements and technological capabilities. These five categories and their definitions are as follows: General eDiscovery Offering Categories + Plan: Proactive establishment and execution of tasks, techniques and procedures designed to maintain the integrity of electronically stored information (ESI) and facilitate the conduct of ESI discovery throughout the litigation lifecycle. + Preserve: The execution of tasks, techniques and procedures designed to keep ESI safe from danger or harm throughout the litigation lifecycle. + Prepare: The execution of tasks, techniques and procedures designed to make appropriate ESI ready for examination and evaluation. + Review: The execution of tasks, techniques and procedures designed to examine and evaluate ESI in relation to audit, investigation or litigation objectives. + Share: The tasks, techniques and procedures designed to allow others to use appropriate ESI as part of an audit, investigation or litigation. In addition to these category definitions, the following clarifying definitions are provided to share the description and relationships between tasks, techniques and procedures. Clarifying Definitions + Task: A definite and specific instance or act of work. + Technique: The method in which a task is accomplished. Procedure: The sequence of actions or instructions to be followed in accomplishing a task or series of tasks. Source: http://bit.ly/Sk0i0A ——————- ¹ Michael R. Arkfeld, Arkfeld’s Best Practices Guide for Electronic Discovery and Evidence, 4.39(c), 72 (2010-11 Ed.) ² Electronic Discovery Reference Model, EDRM.net, 2012. ³ Ralph Losey, Electronic Discovery Best Practices, ED
Transcript of A Basic eDiscovery Framework: One Way To Align Three Differing Approaches
eDiscovery Offering Framework
Plan Preserve Prepare Review Share
General Categories
Framework Defini.ons Plan: Proac9ve establishment and execu9on of tasks, techniques and procedures designed to maintain the integrity of electronically stored informa9on (ESI) and facilitate the conduct of ESI discovery throughout the li9ga9on lifecycle. Preserve: The execu9on of tasks, techniques and procedures designed to keep ESI safe from danger or harm throughout the li9ga9on lifecycle. Prepare: The execu9on of tasks, techniques and procedures designed to make appropriate ESI ready for examina9on and evalua9on. Review: The execu9on of tasks, techniques and procedures designed to examine and evaluate ESI in rela9on to audit, inves9ga9on or li9ga9on objec9ves. Share: The tasks, techniques and procedures designed to allow others to use appropriate ESI as part of an audit, inves9ga9on or li9ga9on. Addi.onal Defini.ons Task: A definite and specific instance or act of work. Technique: The method in which a task is accomplished. Procedure: The sequence of ac9ons or instruc9ons to be followed in accomplishing a task or series of tasks.
Source: A Basic eDiscovery Framework: One Way To Align Three Differing Approaches. ComplexDiscovery.com, 2012.
Basic eDiscovery Offering Framework
Plan Preserve Prepare Review Share
Legal Hold Readiness
Iden9fy
Preserve
Review
Disclosure
Present
Analyze
Filter
Collect
Triggering Event
Legal Hold Process
Convert
Form of Forms
Informa9on Management
Iden9fica9on
Preserva9on
Review
Produc9on
Presenta9on
Analysis
Processing
Collec9on
Li9ga9on Readiness
Interviews
Coopera9on
Computer Assisted Review
Produc9ons
Evidence
Collec9ons
Hold No9ces
Protec9ons
Culling
General Categories
Arkfeld’s Best Prac9ces Guide for Electronic Discovery and Evidence ¹
Electronic Discovery Reference Model (EDRM) ²
Electronic Discovery Best Prac9ces (EDBP) ³
¹ Michael R. Arkfeld, Arkfeld’s Best Prac.ces Guide for Electronic Discovery and Evidence, 4.39(c), 72 (2010-‐11 Ed.) ² Electronic Discovery Reference Model, EDRM.net, 2012. ³ Ralph Losey, Electronic Discovery Best Prac.ces, EDBP.com, 2012.
