What Is Electronic Discovery?
Commonly called as ediscovery or e-discovery – cdslegal.com/, this refers to the process of locating, securing, and searching for electronic data to be used as evidence in a legal case (civil or criminal case). It can as also be described as the management of digital data and information for any purpose. Electronic discovery can be done online over a network or offline on a certain computer. Whether the process is illegal hacking or government mandated, both can be considered as an electronic discovery.
E-discovery has proliferated the market, especially the legal and governmental units as this process is the most convenient and fastest way to gather information for evidence. Even malware and viruses can also be discovered and studied through the ediscovery technology. Unlike paper documents, digital searching makes the work hassle-free. Even in businesses, electronic discovery is essential especially in inventory management and logistics.
What is an Electronic Discovery Professional?
Unlike the old days, discovery can now be done with ease with the help of ediscovery professionals. They are the people who have the technical skills in electronic searching, management, and discovery. Paper documents can’t be totally disregarded even in the presence of ediscovery because of the fact that digital transmissions might occasionally fail.
This is the reason why ediscovery professionals are hired to maintain, organise, and transmit the digital information to a certain recipient. They must also possess some skills in Multi-Matter Data Re-Use to help in time reduction and cost cutting for efficient business processes. Other roles of an ediscovery professional are:
- Ensures that the company complies with the new federal rules on Electronically Stored Information (ESI)
- Must have more than enough knowledge on ediscovery to help orient clients about its rules and policies
- Must have knowledge of the policy regarding Intellectual Property information management and preservation
- Serves as the liaison between parties in a legal case
- Preserves ESI for future use
- Helps to create and assess a client’s ESI
Aside from the expertise of preserving and managing digital information, an ediscovery professional can also be a lawyer. In this modern society, a lawyer who has ample knowledge on ediscovery has a greater edge compared to a more backward attorney.
- He must have enough knowledge on the Electronic Discovery Policy – the federal, state, and the local rules on electronically stored information.
- He must know the proper way to represent and delegate ediscovery cases and issues. He must have the relevant skills to represent you with regard to ediscovery cases.
- E-discovery issues can be more tricky at times because of its dynamic scope. However, an ediscovery attorney with such skills is obviously confident in representing you in a case.
So, why is eDiscovery Important?
As the technology advances, there is a growing need for electronic discovery. Why?
- This has become the digital counterpart of the common and obsolete evidence-gathering process.
- This has gradually become the common scenario in every business entity with regard to managing information and inventory
- More and more legal cases involve digital issues such as cyberbullying, harassment, and libel
- The time of retrieving and gathering information or ESI can be shortened by using the ediscovery technology.