"Technology-Assisted Discovery"--better known as"E-Discovery"--is the cornerstone for the next generation of legal practice.More and more courtrooms are turning to the most up-to-date available to make legal decisions easier and faster while remaining impartial,keeping the proceedings balanced and doing a little something to save the earth.
There are several high-profile federal cases presently ongoing--the best well-known probably being De Silva Moore v.Publicis Groupe before Magistrate Judge Andrew Peck in the Southern District of New York--that are helping to shape the future of electronic discovery for lower courts around the country.
What Is E-Discovery?
The Association for Information and Image Management(AIIM),a trade organization of information technology professionals in various industries,defines e-discovery as the providing in digital form a copy of relevant"electronically stored information"like documents,spreadsheets,emails,texts,phone records,audio files,videos and pictures.
That definition is shared by the Association of Certified E-Discovery Specialists(ACEDS),an organization that has chronicled recent judicial forays into using electronically stored information in the courtroom.AIIM and ACEDS both tout the benefits of companies making changes in the way they store important information in order to prepare for the wave of e-discovery likely coming in the very near future.
Skilled law firms,for example,need to not only understand e-discovery so that they can better leverage the data they receive in the course of handling cases,but also must adapt their information management to be able to respond to requests from other parties.
Preparing for the Wave of E-Discovery
AIIM offers a four-pronged approach to information and data management that realizes the importance of prioritizing the storage of business data,including:
-Disposing of information/documentation that has no business value in a timely fashion to ensure adequate space is available for truly valuable information
-Retaining valuable business information and ensuring that the information is always accessible to those in leadership positions
-Organizing/classifying information in such a way that it remains consistent across the company
-Implementing a systematic,responsible,clearly delineated process for the destruction of records that have outlived their usefulness
