MER 2010: Sessions Details

The benefits of proactive electronic records management are well known. Less known are the tremendous advantages associated with the “active management” of discovery.

Most organizations deal with their legal discovery reactively – they wait until litigation is initiated and then figuring out what to do. This reactive model makes it difficult to properly design, implement, assess, and manage the discovery process in a way that is economically efficient and that can be defended if questioned. The result is a growing emphasis on the need to actively manage one’s discovery process to assure the court and opposing parties that a proper process has taken place.

This session has two objectives: first, provide a comprehensive and proactive model for conducting discovery; and second, set forth a methodology for implementing an overlaying an active management layer – one that ensures both compliance with the discovery model and also one that facilitates defending the process.

The session will detail how the development of an overall model for conducting discovery can achieve these important benefits:

• A strategy for discovery management and selection criteria
• A measurable and defensible active management plan
• Identification of the proper components for identifying, locating, retrieving, assessing, culling, reviewing and producing data
• Definition of the roles of all support providers to the process Development a defense-of-process argument for defending the discovery process
• Understanding better the important interrelationship between electronic records management and discovery.