Even for the most seasoned legal professional, the eDiscovery process can be a minefield. Knowing what errors to be mindful of can be the difference between a smooth and watertight litigation procedure, or costly sanctions.
While we all know the importance of eDiscovery, due to a number of factors it is often something that many legal professionals – though most probably wouldn’t admit it aloud – have to pick up and learn on the fly.
With the regulatory landscape surrounding the eDiscovery process in a state of constant flux, finding the time to get your head around the ins and outs of it is a daunting prospect to say the least – even for someone without a dense workload.
Read on to find out four of the most common mistakes that legal professionals make during eDiscovery, and how they can be avoided to ensure your resources and reputation can remain at their best.
As digital technology continues to be reinvented and transformed, so too does the abundance of forms in which evidence can present itself.
New apps, social media channels and instant messaging platforms are emerging every day, meaning the landscape for data storage is constantly expanding into new territory.
As such, it is vital that those heading up eDiscovery processes stay abreast of emerging digital technologies, as well as how they are commonly used by the public at large.
Depending on the case or dispute at hand, anything from WhatsApps to Snapchats may be considered relevant evidence, and could lead to spoliation sanctions if not appropriately accounted for and preserved.