Integreon is a sponsor of the Georgetown Law Advanced E-Discovery Institute, widely recognized as the leading educational conference for electronic data discovery (EDD). This is a live blog post of the session Early Evidence Assessment and Strategies for Search, Retrieval and Review. The panelists are Laura M. Kibbe, Vincent M. Catanzaro, Sherry B. Harris, Thomas M. Mueller, Steven W. Teppler, with Ms. Kibbe moderating.
This panel will focus on early case assessment (ECA). ECA is not a fire drill or something you do once. It’s an ongoing process that must be done by lawyers. It can happen ‘way in advance’ of a law suit being filed.
So what is ECA? It’s not something you buy, it’s something you do. It’s what you do as a lawyer to decide case strategy, to understand the matter, to assess the facts, to determine if the case is strong. From an in-house perspective, it can be a strategic case assessment because it is not always done just early on. It’s planning for a case (e.g., determining resources and time lines and budgets).
E-discovery is not necessarily the most important or first thing in ECA. To begin, you need to look at facts, jurisdiction, business issues. The first step of ECA is to determine the risk factors - that will drive how much you invest and your approach to discovery.
ECA can start very early in life cycle for businesses. For example, a pharma company might start ECA as a new drug goes into the first stage of clinical trial, well before it even is on the market. Another panelist says this can be very dangerous because it may create an obligation to preserve too much data.
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Source: Integreon
Check Out: Process Makes Perfect: Some Guidance on Mastering Early Case Assessment
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