E-discovery of records or records of e-discovery?

Whenever I read about records management and e-discovery, it is all about making sure that the information which is subject to e-discovery is properly managed. However, the business of e-discovery itself is probably one of the most records intensive processes and warrants the implementation of a system like HP TRIM just for its own purposes.

At every step of the e-discovery process you need to follow strict and consistent procedures and policies. They need to be managed in a system that ensures that everyone uses a single authoritative source and allows you to prove that your staff have read them - HP TRIM.

At every step of the process you need to document what actions you have taken, and relate them to your e-discovery strategy, procedures and policies. You want a system that allows you to safely store your documentation and create navigatable links to related items - HP TRIM.

When you collect physical evidence, you need to ensure chain of custody. This requires you to label items, track them from custodian to custodian and keep a strict history of all movements. You want a system that allows you to describe the physical evidence, print labels for it, and track it using barcode scanners - HP TRIM.

In your process you don't want to miss deadlines and keep control of progress.  You want a system that allows you to set deadlines and automatically notify you of them and any exceptions - HP TRIM.

Well, it looks to me like we have come up with the ideal e-discovery management system when we developed a single system that manages electronic and  physical records, and includes a workflow management module. 

| ‎10-17-2008 06:05 PM
E-discovery reflects the natural collision of technology and legal practice.  As an enterprise creates an ever-growing mountain of records, adversaries of course want access to it.  Knowing that litigation and e-discovery are inevitable, an enterprise can use technology proactively to make records more benign.  What do you think?  --Ben  


| ‎10-22-2008 04:25 PM

Thank you for visiting Ben, and well done on your article. I think that it is telling that these days records are seen as something that needs to be made "benign".  I think that they were never malignant in the first instance, and if managed properly they become outright beneficial. I worked with many organizations around the world who implemented records management for business benefits without ever being threatened by a litigant. Implementing a project on that background is a lot more pleasant than one that comes from a negative experience. 

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