Post Process

Everything to do with E-discovery & ESI

Archive for November 2nd, 2008

An Education on ESI and Records Management: Schools need a lesson plan for E-mail

Posted by rjbiii on November 2, 2008

Michael Osteman has posted a story that cites a recent survey showing some interesting numbers:

* 62% of school administrators revealed they do not have a district policy regarding e-mail communications between themselves and teachers.
* 68% of these administrators revealed they do not have a policy regarding e-mail communications between themselves and parents.

And a big one:

The survey also revealed that 90% of schools had not yet created a plan to be in compliance with the new amendments to the Federal Rules of Civil Procedure (FRCP).

Not really all that surprising, but nevertheless, always something of a jolt when see such high numbers in black & white.

Posted in Articles, Data Management, Data Retention Practices, email, Employee Practices | Leave a Comment »

(Some) Lawyers to IT: You guys deal with ESI, please.

Posted by rjbiii on November 2, 2008

An increasing number of attorneys are looking at IT departments and telling them its their job to develop and enforce policies on handling ESI, and Andrew Conry-Murray says that’s a good thing. In an article for Information Week, Mr. Conry-Murray cites a survey indicating that rising numbers of attorneys who have decided that IT owns the issue. Why is that a positive sign? From the article:

[T]he discovery problem is so complex, on both the technological and legal fronts, that IT and legal must acknowledge they need each other to manage it correctly. This survey indicates a growing recognition of IT’s critical role in an enterprise’s litigation preparedness.

Courts want to see discovery processes that are policy-driven, consistent, repeatable, and defensible (i.e., that the company has clear justifications for how it handles discovery). IT has the technological tools and the experience in driving repeatable processes and can apply them to the discovery effort — with input from legal to make sure discovery efforts meet case law precedents and withstand the scrutiny of opposing counsel.

A favorite past-time of mine is to look at how legal requirements are “mapped” to technological processes, and I find this terrain, viewed as something of a grey area between the legal and tech groups, to be the place where the ball is most often lost.

Posted in Uncategorized | Leave a Comment »