| I. The Challenge. | | | | interview of known custodians may not yield |
| | | | all parties (unknown custodians) with whom an |
| Early case assessment and pre-discovery | | | | employee has communicated. |
| differ in their commitment to chain of | | | | |
| custody and legal review of data. Early case | | | | II. A Solution. |
| assessment and pre-discovery activity overlap | | | | |
| in the collection phase of electronic | | | | Getting to the center of a matter by way of |
| discovery reference model (EDRM); the | | | | custodian and concept searching will improve |
| difference is what you do with the data. | | | | your legal risk management on a case-by-case |
| Pre-discovery has more gray area as it | | | | basis. However, many mid-sized organizations |
| relates to the impact on legal review and | | | | continue to face challenges in terms of cost |
| production. Early case assessment offers | | | | and complexity when they want to evaluate |
| more definition because it may help you avoid | | | | email. Estorian LookingGlass Spherical |
| going to trial or suffering a full disclosure | | | | Indexing can manage and evaluate email at low |
| discovery. Using early case assessment tools | | | | cost, with reduced complexity delivering, |
| or solutions enables an organization become | | | | making it a valuable solution for the |
| defensive before the meet and confer meeting. | | | | mid-market. Mid-sized companies have much |
| | | | more email than they realize, often exceeding |
| Being prepared before a meet and confer | | | | 1-2 Terabytes in size. For example, 3000 |
| meeting can be challenging, but the rewards | | | | users manage thirty-five 50 kilobyte messages |
| are less discoverable data, therefore less | | | | a day over the course of 365 days will yield |
| reviewed data. Electronic discovery interview | | | | 1.35 Terabytes of email. |
| series responses suggest that the rise in | | | | |
| electronic discovery cost is directly related | | | | "Spherical Indexing" receives much of its |
| to the rise in data being reviewed. | | | | strength as an index through the SQL tables |
| Therefore, preparation ahead of a meet and | | | | it is based on. At first glance it may seem |
| confer meeting can reduce your electronic | | | | overly complex to manage Terabytes of data |
| discovery review requirements, subsequently | | | | using SQL, but the current foot print for |
| reducing your total discovery budget. For | | | | full text indexing is 12-20% of the original |
| more information on eDiscovery go to | | | | data storage. Therefore, a one terabyte |
| | | | archive would result in about 120-200 |
| For example, Electronic mail early case | | | | gigabytes of index data, with the average |
| assessment will expose connections between | | | | being about 120gigabytes. An industry |
| users (custodians) and subjects/activities | | | | acceptable size for an index is between |
| (concepts) during specific time frames. | | | | 10-15% of the source data. However, be sure |
| Since email is directly tied to corporate | | | | to check your indexes, some only include a |
| identity; there is no mistaking or missing | | | | full text option and not a concept based |
| communications between employees, partners | | | | search component. |
| and customers. Conversely, a face-to-face | | | | |