Does Your Law Firm Follow ESI Best Practices

Over the years the overwhelming volume of Electronically Stored Information (ESI) continues to grow.  The volume of data and the continuing changes in the Federal Rules of Civil Procedure (FRCP) as well as the advancement in technology have forced  law firms  to embrace and understand the challenges of ESI.  Even though law firms continue to struggle with ESI, it is not for lack of technology; law firms tend to lack experience and leadership within their IT or litigation support departments .  In order to effectively represent, educate and provide good strategic advice to our clients, we must first educate ourselves and legal teams.

Law firms should develop a high level litigation management policy within the firm and implement polices and procedures to ensure that ESI is being handled correctly.  Even though every law firm should draft its own guidelines, I will outline a few best practices.

1. Inform your clients of the cost and benefits of effectively collecting and processing Electronically Stored Information.
2. Continue to educate and train members of your IT and litigation support departments.
3. Communicate clearly with your clients regarding the best practices for handling original ESI.
4. Embrace and utilize technology effectively to mange your cases.
5. Work with your client, legal teams and opposing counsel on all related production matters prior to the first document production.
6. Follow industry standards and protocols when producing documents.

As we continue to explore new technologies with handling ESI, we must always remember to educate ourselves and follow industry standard best practices.