Avoiding an E-Discovery Odyssey

Abstract

'Pity poor Odysseus, or admire him; but as an attorney seeking to navigate your own path through an ocean of data, avoid his uncertain fate. Do not allow the current to dictate your path, causing you to chase data in a half-hazard manner. Resist the calls of the sirens insisting on shortcuts. Unlike Odysseus, whose quarrel with the God Poseidon caused him great distress, do everything to stay in good stead with the Judges and Magistrates, to whose good judgment you entrust not only your fate, but that of your client as well.' The paper discusses measures that serve as a technology-neutral foundation for thinking about search protocols, and how attorneys can plot an initial course, measure progress by gauging the initial criteria’s accuracy, make mid-course corrections by modifying the criteria, and arrive safely home. The search protocol determines what data is ultimately subjected to review, giving it an essential role in the e-discovery process. The paper illustrates how to incorporate sampling and iterative processes to strengthen a protocol’s compliance with recent judicial decisions.

Keywords: electronic discovery, E-Discovery