Every day I talk with attorneys who must produce e-discovery. Sometimes the conversations are global in scope, other times narrowly focused, but they are all about answering the same question: How can the client produce all of the discovery required in the most cost-efficient and quickest way possible and without leaving itself vulnerable to legal challenges?
My answers differ in their specifics, of course, but they all follow the same approach: If you understand the underlying facts in the matter, have a basic understanding of how electronically stored information is housed, collected, processed and reviewed, use that knowledge to present reasonable positions to the requesting party and seek their cooperation and approval, your e-discovery production will be defensible either because you are following protocols agreed to by the parties or your position will (or, at least, should) prevail if it becomes the subject of litigation.
