Discovery Tech Center
E-discovery technology is a broad class of products that help legal professionals streamline and expedite this process. Most of the technologies address all or some part of the Electronic Discovery Reference Model, which maps the e-discovery process from the initial identification, preservation and collection of ESI, through to the review and analysis of the data, and then to production of the data to the opposing party. Most e-discovery products are end-to-end suites that span most of the EDRM spectrum. Others focus on discrete parts of the process.
This Legal Tech Center focuses on two categories of e-discovery products:
Legal Holds. When litigation is contemplated or filed, legal hold software enables legal departments to manage the process of preserving potentially relevant information by issuing holds, polling custodians, and tracking compliance.
Electronic Discovery. Electronic discovery software is used in litigation to identify, preserve, collect, review and produce potentially relevant documents and information.
Although e-discovery products are most typically used in litigation, their use has expanded into other areas where legal professionals are required to review and produce large amounts of data in response to legally authorized requests. Two common examples of how this technology is used outside the litigation context are by businesses that must respond to government investigations and by government agencies that must respond to freedom-of-information requests.
Categories of software used in Discovery
Electronic discovery (e-discovery) software is used to identify, preserve, collect, review, and produce electronically stored information (ESI) that is potentially relevant to litigation or government investigations. ESI is information stored in an electronic medium and retrievable in perceivable form.
ESI comprises all current types of computer-based information and encompasses future changes and developments. It may be found in databases that do not relate to hard copy materials. ESI does not include traditional writings stored solely on paper or another tangible, non-electronic medium.
When litigation is contemplated, legal hold software enables legal departments to manage the process of preserving potentially relevant information by issuing holds, polling data custodians, and tracking compliance.
At base, legal hold software identifies and preserves electronically stored information (ESI) that is potentially relevant to litigation or a government investigation. ESI is information stored in an electronic medium and retrievable in perceivable form.
An individual or organization is under a legal duty to preserve evidence for pending or future litigation when evidence is under its control and the party knows or should know the evidence is relevant to the litigation. To fulfill its duty, a party must suspend routine document retention and destruction procedures and put in place a legal hold (also known as litigation hold) to ensure the preservation of documents relevant to litigation.