When confronted with an almost impossible data analysis problem, a tried and true technique to solve it has been the use of sampling. The mathematical analysis behind sampling is something that has been studied for quite a number of years. Also, sampling has also been put into practice for well over seventy years, in many fields from predicting results of elections and assessing quality of electric bulbs. Why not do the same for certifying your ESI productions, while also addressing defensibility and reasonableness?
Sampling as a way to assess quality is something the Electronic Discovery Reference Model (EDRM) Search Group authors covered in detail, with a strategy in a comprehensive EDRM Search Guide (see Section 9.5 and Appendix 2). And, while much of that work is still to hit the mainstream litigation scene as a general practice, I was pleasantly surprised to see it receive attention from a fellow blogger and litigator, Nick Brestoff, who highlighted this in a very thoughtfully crafted article in Law.com, titled A Strategy to Sample All the ESI You Need. I commend his article for helping the community understand the practical difficulties in getting a certifiable result that attorneys can stand behind. And, it is highly likely that the current practice is to certify your electronic discovery without a real measure of validity behind it.
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Source: eDiscovery 2.0
By: Venkat Rangan
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