In my current position, I’m helping a government agency in addressing content management, records management and eDiscovery issues. I meet with many of the Industry vendors from all sizes and views. With regard of eDiscovery, the common ground among all of them is their fear tactics. The first few slides of their presentations talk about the millions of dollars of legal fees, public dismay and all types of legal damages.
These eDiscovery vendors breakdown to two major groups, one that comes from a traditional DM/RM background who see eDiscovery as the opportunity that never materialized with Sarbanes-Oxley (SOX), and its opportunity to sell the idea that best answer is to build well structured Document management system armed with DOD 5015.02 records management system. The second group comes mainly from the traditional search vendors who promote the idea of searching every storage device in the organization even my personal USB flash drive. This group makes a point that lawyers and judges do not care if it is a record on not, they wanted all.
Between the two campuses , my client cross-functional team ( legal, RM, IT and LOB) is confused between the two approaches, one that asks them to build a costly empire that will take years to finish, if ever and the other, asks them to boil the ocean……..!
Beside the fear tactics, there is one common link is the EDRM eDiscovery model. It is clearly a business process (workflow) that starts with a flawed assumption called information management, which is an objective that can only achieved over an extended period of time and stringent practices that many organizations and government agencies lack one or even both. Furthermore, the model, like any other process, has a bandwidth and an upper limit for the expected outcome.

The fact that eDiscovery is a real and is becoming the nightmare of all legal departments in the government and large corporations. Many of the trial attorneys are exercising the right to request eDiscovery. While some are doing that in good faith, many are misusing it, especially with often inexperienced eDiscovery and technology illiterate lawyers.
It is important that we come to a middle growing ground between building a sand empire and boiling the ocean. A practical approach to eDiscovery can be summarized as following:
One size does not fit all
Developing the perfect policy that covers everyone is very complex, not even achievable. This is my personal opinion. However, managing risks is more feasible; assessing the vulnerable areas within the organization, establishing priorities and plans based on risk, exposure, fiscal and public image impact, will help minimizing the eDiscovery readiness efforts
Top-Down view of information
eDiscovery request can hit organizations at any moment and unexpected areas. A top-down global view of the information is critical to allow for proper segmentation in accordance to the requested information. It is essential that organizations start assessing their information pyramid before they experience a real eDiscovery request. It is more practical to invest the time on the critical risky areas and their aggregates rather than trying to understand every document, record, process, which will lead to an endless task.
Utilize appropriate resources when it is desirable
Internal resources provide indispensable knowledge of history, context, information content, gap and risk factors. On the other hand external consulting forces can provide the eDiscovery subject matter expertise, objectivity and the bandwidth to reach goals on the right schedule.
Technology is a great help
The use of the right mix of technology can help organizations become proactive status with regard to eDiscovery. A reactive status can be very costly. Even an in-progress Document management program, compliance policies and eDiscovery investigation process can save organizations a significant amount of time and money responding to any request.
Metadata and logs counts
One of the growing trends that trial attorneys start asking for is the metadata and system logs with contents. There were many successful cases that came out of these smoking guns. The fact, it may matter more when did you login to the system and open your email than the mail content or if you viewed the file content, even if you did not alter it.
Educate the attorneys
Many of the famous eDiscovery cases were lost because of the technology illiterate attorneys, in this age of eDiscovery, trail attorneys must understand clearly the extent and the limitation of the available technologies.
Continuous improvement
It is essential to review asses and audit the eDiscovery readiness in regular bases and make appropriate changes to the procedures, processes and technologies in a proactive mode.