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The following practices will not apply to all ECA efforts, but these are all best practices to manage the ECA process and avoid legal pitfalls:
Identify the key IT personnel who can help identify data sources
Create a data map to account for business record locations while documenting which custodian/department is in control of that source
Interview key custodians and identify how and where they store their documents and work
Delete unnecessary data, but do it defensibly and document your choices
Sample data sources to determine the possible size of data involved in a matter and associated costs to process and review
Deduplicate and cull data early in the process, to reduce review costs
Review legal holds and consider deleting data that is no longer under a hold
Ask outside counsel or your vendors for a data certificate of destruction
Don’t forget about paper documents
Work in an iterative process—lather, rinse, repeat
Use analytics and reporting tools to automate processes and help identify potentially relevant documents quickly
What Is Early Data Assessment?
Early data assessment is similar to ECA, and the two terms are often used interchangeably. Early data assessment allows you to know what your data looks like before you process it, and gives insights into the scope of the project and its costs.
Often, the most important part of this process is the selection and testing of keywords. Keywords are the words or phrases you will use to search data collections and identify potentially relevant documents, whether they are applied as basic searches or in a more predictive or analytical context.
In its most basic application, early data assessment may mean searching your available data collections to see if potentially relevant documents hit on selected keywords. If no documents are found, refine your search until better results are found. However, if the results continue to be disappointing, it may also indicate that there is no evidence to support the claims in a case, or that rudimentary keyword searches are insufficient to properly assess the available data.
Once accurate keywords have been developed and you have a bearing on the scope of the potentially relevant information, take the time to count your potential custodians and estimate the volume of evidence for each. This is also the best point to evaluate how much time and effort a discovery project will take, as time periods can be different for each custodian and source.