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New Approaches for Defensible Early Case Assessment and Data Culling

By Bob Rohlf
February 28, 2012

Early case assessment (ECA), data culling and e-discovery costs are some of the most widely discussed topics in the legal industry. Yet, the methodologies of how to implement effective ECA and data culling, what's entailed and when implementation should begin, are extremely inconsistent. Traditionally, ECA and data culling are treated as isolated, linear steps in the e-discovery process. In reality, they are multi-tiered practices comprising several interconnected tasks that, when done correctly, streamline all phases of e-discovery. Plain and simple, ECA is a dynamic process. If utilized correctly, ECA can help legal teams understand their case and dramatically reduce litigation costs.

There are numerous aspects of how to initiate ECA. A primary factor entails proactively interacting with the potentially relevant evidence before official document review. At the outset of a matter, ECA provides visibility into electronically stored information (ESI), helping legal teams determine the scope, risks and costs of the pending action. The traditional approach for ECA has been to collect all potentially relevant ESI at the outset of a matter before analyzing its relevance. While this approach can aid in early evidence preservation, it is fraught with inefficiency since a high percentage of the collected data, such as duplicate documents and irrelevant system files, is typically not responsive to a matter.

e-Discovery technology has evolved to allow parties to quickly garner critical information about a case with regards to data volumes and types, in some cases without collecting the actual data. As cases progress, early data analysis can also be used to unearth the truly relevant evidence required for making informed case decisions and preparing for Federal Rules of Civil Procedure (FRCP) 26(f) “meet-and-confer” negotiations.

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