Computers are backed up to multiple locations.

This following complimentary form or article is a result of our mission statement: "Making Good Lawyers Better." Thank you for being a lawyer!

In ESI discovery, don't say "all"

By Leonard Bucklin

Electronically stored information (ESI) seems to multiply with a life of its own. That's the problem. One solution is to avoid using the word "all".

Responding to requests for discovery: the greatest risk of unintentional mis-certification of what you produced comes from saying the word "all".

Requesting discovery: using the word "all" generates cost-driven objections, and an expensive responsive discovery demand from your opponent. Plus you do not want tons of "all".

Everyone using a computer tends to make backups of what they create on their own computer. Plus, the computer itself and many programs automatically makes backups (e.g., by default, Word automatically keeps copies of all prior versions of the same document). Then the business, or even individuals, make backups to an off site location or to different storage devices on site, of all the stuff on all the computers in the office or home.

TIP. Use the short checklist forms that are included in the full article. These short checklists help you eliminate using the word "all," and make your life easier. Read Full Article »

Today's ESI storage has many copies floating around in the electronic soup of computers, laptops, thumb drives, cloud storage on the internet, and internal and external backup devices, all with changes in content, metadata, or file names and paths. Except in cases of one individual suing another individual over a personal injury, it is usually impossible or economically impracticable to drill down deep or wide enough to represent that all ESI storage has been identified and searched in a method that has in fact resulted in retrieval and production of all relevant documents and data.

You simply cannot find "all" — except where the total electronic storage is very limited. So do not certify you have produced "all" ESI containing a subject, or within date limitations, etc. You probably have not produced "all" the ESI on the subject, or existing within date limitations, et cetera. Counsel are being sanctioned for certifying he/she has produced "all," but after that certification the client or an adverse expert has found additional relevant ESI. Don't incur the wrath of the court.

On the other hand, demanding that opponent produce "all" is not usually a smart way to keep your own client's discovery expense down. Read Full Article »


100% Satifisfaction Guarentee

Our "100% money back, No Questions Asked, Guarantee."

If you don't totally agree that the book with all its forms is worth every penny, simply tell us within 60 days to refund your money. You keep our book; we refund your money. What could be better!
Read our guarantee here!

PayPal Verified

No Legal Advice. LawyerTrialForms™ articles and legal forms are intended to provide information about the subject matter covered, but are provided with the understanding that the author, editor, and publisher do not render legal or other professional services. If legal advice or other expert assistance is required, seek the service of a competent professional. Attorneys using our publications in dealing with a specific legal matter should exercise their own independent judgment and research original sources of authority and law.

Trademarks and Copyrights 1998 to 2014, Leonard Bucklin.

All intellectual property rights protected and reserved worldwide. Read Copyright, Trademark, Warnings, Disclaimers, Terms of Use, and other Legal Notices in our Legal Notices.

Site design and maintenance provided by Vivid Designs
Hosting provided by Sivad Web