Prepare for the inevitable by developing an e-discovery policy and assigning an IT person as your group's legal/compliance officer. This person will serve as the main contact for the legal team, manage the collection process and provide testimony in court if necessary.
To build a policy to handle e-discovery, you must understand the process, which typically breaks down into several steps after a lawsuit is registered with the court. First is the prediscovery phase, where opposing sides meet to negotiate the scope of the information being requested and the format in which it will be produced. In the collection phase the defendant searches paper and digital archives for the agreed-on information and compiles it in a format suitable for defense council to begin analysis.
In this review phase many attorneys use litigation-support software tools, such as Dataflight Software's Concordance, to manage the processing, analysis and review of the massive quantities of disparate data they may receive for a case. These specialized software packages let legal researchers search text, number pages, make notes, add/modify metadata, remove unrelated documents from the collection, and redact sections of documents they believe to be privileged or protected. Only after careful review by defense council are the final documents produced for the presentation phase and given to opposing council in the agreed-on data format.
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