How Defensible Collection Fits In Your Information Governance Strategy

Conducting defensible eDiscovery collections can be challenging, but will pay off in both the near- and long-terms. What any organization does depends upon their specific maturity level and requirements. In general, though, organizations that want to take control of eDiscovery collection should:

•Take an infrastructure approach. Think of eDiscovery collection tools as part of the plumbing of the organization. While it’s not necessary to deploy some kind of uber-repository to house all information, it is necessary to be able to connect to all sources of information – that’s what a collection program should ensure. Ideally, the right collection tool will provide a single interface to search across all information sources, connectors to the most important information sources (and the ability to easily connect to more as needed), and the scalability to parse through a large volume of information. An infrastructure point-of-view, however, does not initially mean spending huge dollars. Each organization needs to decide how many information sources are in-scope for collection – laying down the plumbing for collection does not mean deploying pipes to each information source on day one.

•Give IT final decision-making authority. Anytime an organizations needs to put infrastructure in place, IT should be making the final decisions and have budget authority. This does not mean that the legal department is not an important influencer in the decision-making process; rather, legal should be acting as the business user of any kind of collection, legal hold, and/or ECA tool, defining requirements like user interface needs, search and analytics capabilities, and review formats that need to be supported. Ultimately, though, IT should be pulling the trigger on the purchase of tools. Figure 4 below depicts the features and functions that Legal and IT should care most about, respectively.

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Source: eDiscovery Journal
By: Barry Murphy