By: Cathy Lopez
We’re all familiar with those emergency checklists that are provided by the American Red Cross and other agencies. They include many practical tips for surviving disasters, such as: “identify two ways to escape from every room” and “consider purchasing escape ladders.”
Although these tips often seem like basic knowledge in the calm before the storm, taking the time to be sure you know them by heart can make an enormous difference in whether you survive and minimize both damage and recovery time.
As a Project Manager on e-discovery projects, I’ve provided “disaster relief” counseling for many clients in the midst of e-discovery emergencies. During the early stages of an e-discovery emergency, many clients may feel confused, pressured, and unsure about reasonable steps to protect electronic data.
Threats of spoliation are very real, and even seasoned attorneys and paralegals may panic in the face of an e-discovery emergency. To make sure you’re prepared, here are some common sense tips for effectively managing e-discovery emergencies :
- Look at the Big Picture
Review the claims of the case or investigation. Consider the budget and timeline. Prioritize custodians and storage locations. Think of the “big issues” and attack them first.
- Be Open With Your Vendor
You may retain outside services to preserve, collect, process, and host electronic data. Be open with these vendors. They should ask you dozens of questions about the type of media, the projected workflow, and the budgets. Vendors ask these questions based on previous experience, and it is advisable to answer them as accurately as possible. Remember that the vendor is trying to save you time and money so you will continue to use their services.
- Review Your Client’s Media Storage Devices
In corporate cases, work closely with your client’s executives and IT department and learn about all of the technology used by a company. Learn what kinds of computers employees use (desktop? laptop? both?). Learn how email is stored. Understand the company’s backup media. Is voicemail stored electronically? Inquire about file servers: are there shared servers, private servers, and password protected areas?
In cases involving individuals, think carefully of all potential devices. Individuals can store data on a number of devices, including computers, mobile phones, iPods, palm devices, CDs and DVDs, and online cloud storage solutions.
- Review Your Client’s Media Use Policies
Many storage devices have auto-archive or auto-delete functions. During the “emergency” phase of e-discovery, consider disabling these functions.
- Document, Document, DOCUMENT
Record every decision and the basis for that decision. During an e-discovery emergency, it is easy to think that each conversation will be remembered. They won’t. It is important to remember who told you about each device, who told you where data was stored, and why decisions were made about data preservation efforts.
As the Red Cross points out: “Disaster can strike quickly and without warning.” During an e-discovery emergency, remember to take a breath, look at the big picture, and consult with the experts.
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Cathy Lopez is manager of client solutions at Blank Law + Technology PS. She has worked at Blank Law + Technology since early 2004, most recently as project manager on e-discovery projects. As a project manager, Ms. Lopez worked closely with clients on large and small projects involving the preservation, collection and production of electronic documents. Ms. Lopez also trained and supported legal teams using iConect and Relativity online review platforms. As manager of client solutions, she works with paralegals and litigation support professionals to provide insight to e-discovery services and best practices. Ms. Lopez also manages the Electronic Data Extraction Network (EDEN), a national community of electronic discovery and computer forensic professionals. She graduated from the University of Washington in 2003 with a bachelor’s degree in communications.
