Identification
Identification refers to the process of learning the location of all data which you or your client may have a duty to preserve and potentially disclose in a pending or prospective legal proceeding.
Identification Categories
Triggering Event
The duty to preserve and disclose data may be triggered by a judicial order, a discovery
request, or mere knowledge of a pending or future legal proceeding likely to require the data.
Litigation Hold
During the identification process, potential custodians are interviewed to determine if they
are in possession of relevant documents or data.
Casting a Broad Net
Learning the location of potentially discoverable data is the prerequisite to analyzing
if and how it should be preserved, collected, and reviewed.
Steps in Determining the Scope of Responsive Data
Planning is one of the most important parts of the e-discovery process and should include
outside counsel, inside counsel, corporate information technology personnel and possibly
an electronic evidence consultant.