In Part 1 of this series, we laid the groundwork for why eDiscovery matters. Now it’s time to get practical. Because once you’ve preserved the data, the real adventure begins. So let’s walk through what happens after you hit "send" on that legal hold. And don’t worry – you won’t need a computer science degree. But you will need a process, some planning, and a willingness to say "metadata" with a straight face.
Step 1: Collection, or Digital Archaeology
Once preservation is in place, it’s time to gather the data. This includes everything from email and PDFs to Teams chats to that one guy who still uses Yahoo!. A common misstep is relying solely on IT to identify data sources. While IT teams are vital, it’s equally important to speak directly with the people who use the systems day-to-day because they often know where the important stuff resides.
If you’re unsure about what to collect, err on the side of caution and collect broadly. Just be sure to document what you’re collecting and why. This transparency will come in handy when you need to justify decisions later. And finally, normalize the data formats as early in the process as possible. It’ll save you a lot of headaches when it's time for review.
Step 2: The 26(f) Conference
Ah yes, the famed meet-and-confer. This is your chance to:
If you prep well and approach this collaboratively, you can save your client thousands of dollars and help spare yourself from playing email ping-pong with opposing counsel for the next six months.
Step 3: Processing and Review
Here’s where things can get a little nerdy (in a good way). Processing involves transforming your raw data into a format that allows for review, extracting text and metadata, and converting files into a standardized format for viewing.
During review, you can use: keyword searching, Technology Assisted Review (TAR), Continuous Active Learning (CAL), Generative AI (just keep your skepticism handy).
The point is to sift through vast amounts of data efficiently, without compromising quality. Remember: defensibility is key. Keep a record of decisions, search strategies, and Quality Control (QC) workflows.
Step 4: Production
At this stage, you’re almost there. But now you need to make decisions about how the data will be delivered to opposing counsel. Will documents be produced in native format (the original electronic format), or as image files like TIFFs or PDFs? Should metadata fields be included? Are the documents going to be Bates-stamped? (Note to reader: a tech-savvy paralegal can be invaluable here.)
These may seem like small details, but they matter. A vague production agreement can quickly turn into a discovery dispute, or worse, a motion to compel. One of the more frustrating experiences is receiving a massive PDF of documents with no searchable text and no organization. Avoid that fate by being clear, specific, and collaborative.
Final Thought: The Loop is real
Discovery isn’t linear. You may collect data, start a review, and suddenly realize there is a whole department you forgot to ask about. That’s okay. What matters is having a plan to loop back and document how you're adjusting.
And remember, technology helps, but it doesn’t replace good judgment. You don’t need to be a tech guru, you just need to ask the right questions, follow defensible processes, and never assume "default settings" mean "legally sufficient".
In the meantime, remember: if it creates data, it could end up in discovery. Even those Slack messages you sent to your coworker about lunch.
Coming soon: a blog just for paralegals (our litigation MVPs). Because when it comes to eDiscovery, they’re not just helpful, they’re essential. Until then, keep calm and preserve broadly.