![]() An example of this is a case in which the analysis of schematics and drawings is important. This information will facilitate communications between the legal and technical teams regarding the contents and completeness of the production from a technical perspective. Consider providing members of the technical team a copy of the document requests and agreements between the parties about the method, form and content of the productions. These technical team members can be invaluable in consulting regarding production forms prior to the meet and confer as well as establishing processes and analyzing data to ensure the efficient and complete production and receipt of documents. Ideally, technical team members are consulted prior to the meet and confer regarding production. Technical team members might include the corporation’s IT personnel, a service provider’s and outside counsel’s project managers, the corporation’s and outside counsel’s litigation support analysts and more. In the e-discovery era, the early involvement of technology and technicians is critical to ensure a smooth and efficient production. In the pre-e-discovery world, discovery was handled almost entirely by the legal team. Confirm Forms of Production 1.1 Involvement of the Technical Team This section addresses the options and the variables for the production of ESI. The production of ESI continues to present challenges in the discovery process even though specific rules have been drafted, commented on, redrafted and approved to address the issues. For example, Rule 26(f) sets an expectation that the method and format by which ESI is to be produced should be considered and negotiated by the parties early in the discovery process. ![]() As a measure of the significance of the topic, production of ESI is addressed directly in the Federal Rules of Civil Procedure which were amended effective December 1, 2006. Because of the complexity, the potential costs and the significant risks associated with producing ESI, the topic has been addressed in a growing number of articles, white papers and judicial opinions. With the unprecedented increase in the amount of electronically stored information (ESI) that is being created and stored in the corporate community, there has been a corresponding increase in focus on how the data that has been collected and reviewed is ultimately produced in civil litigation and regulatory investigations. The feedback loops have been omitted from the diagram for graphic simplicity. * Although represented as a linear workflow, moving from left to right, this process is often iterative. Aim: To prepare and produce ESI in an efficient and usable format in order to reduce cost, risk and errors and be in compliance with agreed production specifications and timelines.
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