Attorneys for whom I consult will often ask me what the best way is to learn how to request e-discovery. I usually joke, “Other than taking one of my CLEs?” and then tell them that the best way to learn what to ask for in e-discovery is to have to produce it.
When you have to take ownership of the process—(1) understand the legal issues involved; (2) identify all people with any involvement in the matter; (3) identify all of the locations (hard drive on their computers, email and file servers, external media, Web-based email, cloud repositories) where these people stored potentially responsive files; (4) make sure that all of the electronically stored information in all of these sources has been collected, processed and reviewed (file-by-file, searching first using keywords and date delimitations, technology-assisted review); (5) produce all responsive, nonprivileged files—you learn what to ask for from opposing counsel, how best to ask and how you will know whether you are getting everything you’ve requested.
