For years, we have been assisting counsel and their clients get through the electronic discovery process. At the beginning of the process, there are some questions that should be raised to help establish a solid foundation.
- How well do you understand your client’s IT infrastructure?
- Does your service provider possess the requisite consulting and expert skills necessary to assist in planning and executing the engagement?
- Will the service provider maximize or minimize cost savings for the client?
- Do you have a reliable action plan and budget in place?
Questions Regarding Your Current Service Provider
- Have you conducted an extensive interview to learn about your service provider’s qualifications?
- What work will be performed by the service provider and what, if any, work will be subcontracted out?
- Do you use a detailed checklist to formalize the selection process?
- Have you fully explored alternative collection strategies to help lower costs?
- Can the service provider assist in data mapping? What are the benefits?
Forensic Data Collection: The First Step
- Does the service provider have computer forensic experts that perform collections and analysis if needed?
- Under what scenario would you consider using a computer forensic expert to perform an analysis?
- What can a forensic expert uncover that eDiscovery cannot?
- Can your service provider testify as an expert on the collection performed?
- Will your expert’s testimony help or hurt the case?
Understanding the Collection Process
- What are the different methodologies for imaging (whole hard drive vs. other methods of collections) and what are the associated benefits and risks?
- Have you discussed targeted collections and remote collections with your expert, and will these options help your case?
- What are the benefits and risks of self-collection?
- What is your service provider’s experience with handling live collections of servers?
From Forensic Collection to Processing
- What is the line of demarcation between forensics and eDiscovery?
- Have you experienced handoffs that did not work well? How could these situations been avoided?
- Does your service provider offer both forensics and eDiscovery in-house? What are the benefits?