Best practices for eDiscovery has been a hot topic recently in the legal industry. There are many opinions on this subject, but in general, there are a few key things to consider when preparing to respond to an eDiscovery request. Here are just a few highlights.

Data Management

The first step for any firm or organization is to have a functioning data management plan. If you are not storing and processing information efficiently, either on site or through the cloud, then it will be virtually impossible to respond to a discovery request. Certain organizations may even be mandated to maintain electronic data, such as certain types of healthcare providers and government contractors.

Where To Find Help

If you are not equipped to handle an eDiscovery request by yourself, make sure you know someone who can help. A knowledgeable litigation services company can help you better understand your options.

Clear & Concise Roles

Make sure that there is a point person on your team who is in charge of the initial response to any eDiscovery requests that your organization may receive. This initial point person should have a game plan and a team of individuals who will be readily contacted. Put together a strategy for how you will quickly and efficiently respond to such a request from initial contact through communications with counsel.

Storage Is Better Than Collection

It is often better to have an effective strategy for storing and maintaining data than going hunting for it under a tight court deadline. Put the time and energy on the front end by backing up data and ensuring a good working system for capturing typical data, such as emails, client data, and so forth.


Not a coder? That’s okay. There are plenty of companies that can help you build a coded system to maintain and store data. Depending on what you do and what you need, there may be a number of ready-made systems available. However, if your business requires a unique protocol, don’t be afraid to find experts who can code. The money upfront may save you a lot of hassle and stress later.


Discovery requests are becoming more sophisticated and more complicated every year. Make sure you are leveraging technology to support your organization’s long-term goal of preparedness.

Know The Rules

Under Rule 26(b), discovery requests should be “proportional to the needs of the case.” What this actually means can vary widely from case to case, and state rules may be slightly different in their application. Therefore, make sure you consult with an attorney to determine the extent and degree to which you must respond to a request. You should have some threshold understanding of what may be reasonable for someone to request well before any actual requests are received.

Schedule Litigation & Trial Services Today

From court reporting to eye-popping trial exhibits and more, A. William Roberts, Jr. & Associates can provide your firm with the technical and trial consulting service you need to be successful in and out of court. With offices throughout the Carolinas and service availability worldwide, we make it convenient to get the help you need. Contact us today.


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