Author Question: What are the possible costs associated with electronic discovery? What factors can make e-discovery ... (Read 106 times)

cdr_15 · **on:** Aug 3, 2018

What are the possible costs associated with electronic discovery? What factors can make e-discovery costly for a party faced with a request for production?

What will be an ideal response?

Question 2

May a firm or client regularly destroy files and records? What standards or directives related to litigation should be included within a document retention policy?

What will be an ideal response?

upturnedfurball · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

A major issue in e-discovery is the cost of producing records. What is the cost to recover and produce a tape backup? And of what value is it unless reproduced in some usable form to manually review or electronically scan and review? Production of electronic documents can often result in huge unanticipated costs. Developing search queries and executing them can cost many hours of time, as well as the cost of attorney time in document review. Forensic consultants can also be costly. Costs of restoration and production of records in a usable form can also have substantial costs.

Answer to Question 2

It is important for firms to establish and maintain a document retention and destruction policy so it can destroy files and records in the ordinary course of its business without fear of legal sanctions. The policy should include standards as to what matters may possibly bring litigation, and what documents must be preserved that are related to the potential litigation.