Ten Tips for Implementing Effective E-Discovery Practices (Summarized from ‘Electronic Discovery Best Practices: The Secret to Success,” www.lexisnexis.com/applied discovery.com (2004)) For In-house counsel: 1. Implement a formal document retention policy that includes electronic information 2. Increase institution-wide awareness of the types of information that must be disclosed in litigation; educate all employees about the pitfalls of carelessly destroying or retaining information 3. Know your IT infrastructure. Establish ongoing working relationship between GC’s office and IT personnel 4. Organize data storage efforts that simplify later identification, retrieval, and productive or responsive information. 5. Outline a plan for suspension of usual document destruction and backup tape recycling protocols when necessary. 6. Designate and train an IT representative to act as Institution’s (30)(b)(6) deposition witness when necessary. For Outside Counsel: 1. Expand knowledge of client operations to include their IT infrastructure 2. Maintain focus on minimizing disruption of client operations by use of technology and making prompt and complete discovery responses. 3. Explain to employees the scope of their obligation to preserve electronic data and their duty to search different systems and devices. Take an active role in monitoring the retrieval process. 4. Educate IT personnel about the likely demands on them in litigation.
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