[Editor’s Note: Craig Ball has penned another primer, this one richly annotated with Rules, metadata and strategic and technical considerations. EDRM is grateful to Craig for permission to republish. First published on Ball in Your Court, 1/9/2023]
Periodically, I strive to pen something practical and comprehensive about electronic evidence and eDiscovery, diving deeper into a fundamental topic, ideally one that hasn’t seen prior comprehensive treatment. I’ve done primers on metadata, forms of production, backup systems, databases, computer forensics, preservation letters, ESI processing, email, digital storage and more, all written for a Luddite lawyer audience. I’ve long hoped to craft, “The Annotated ESI Protocol.” Finally, I have.
The concept behind the The Annotated ESI Protocol goes back 40 years when, as a fledgling personal injury lawyer, I received a book of annotated insurance policies. What a prize! Any plaintiffs’ lawyer will tell you that success is about more than liability, causation and damages; you’ve got to establish coverage to get paid. Those annotated insurance policies proved worth their weight in gold.
As an homage to that valuable resource, I sought to boil down decades of ESI protocols to a representative iteration and annotate the clauses, explaining the “why” and “how” of each. I’ve yet to see a perfect ESI protocol, and I don’t kid myself that I’ve crafted one. My goal is to offer lawyers who are neither tech-savvy nor e-discovery aficionados a practical, contextual breakdown of a basic ESI protocol–more than simply a form to deploy blindly or an abstract discussion. I’ve seen thirty-thousand-foot discussions of protocols by other commentators, yet none tied to the deliverable or served up with an ESI protocol anyone can understand and accept.
I aspire, in my small way, to make eDiscovery experts optional for the basic stuff, summed up by the mantra, “Don’t hire me again-and-again to handle the ESI fundamentals; listen long enough to manage the basics on your own.” Fingers crossed you’ll like The Annotated ESI Protocol and put it to work. Your comments here are always valued.
Read the original article here. and download your complimentary copy of Craig Ball’s Annotated ESI Protocols.