Digital White Papers

I L T A W H I T E P A P E R & S U R V E Y R E S U L T S | L I T I G A T I O N & P R A C T I C E S U P P O R T 17 I L T A ' S 2 0 2 3 L I T I G A T I O N & P R A C T I C E S U P P O R T S U R V E Y R E S U L T S information, ODF production offers several advantages that can significantly benefit legal proceedings. Below, are five reasons why ODF production should be considered as the preferred approach in litigation matters: 1. Preserving Metadata Metadata, including date stamps, author information, and document properties, can be critical in litigation cases. ODF production maintains this vital data, ensuring its authenticity and reliability as evidence. TIFF images are stripped of metadata which then requires the re-creation of that metadata and its production separately. Other document properties are simply lost in TIFF format. 2. Reduced Risk of Spoliation Spoliation, the alteration, destruction, concealed and/or lost evidence, is a constant concern in litigation. ODF files are less susceptible to allegations of spoliation, providing a higher level of document integrity. ODF production preserves the original content and appearance of documents, providing the reviewer with an indication of what the file looked like in its original form. This transparency can reduce disputes, as parties can see the unaltered documents, fostering trust in the legal process. 3. Cost Efficiency Converting files to different formats can be time-consuming and expensive. ODF production eliminates the need for conversion, resulting in cost savings and a streamlined process. TIFF productions are a costly relic of paper-based records. TIFF and PDF production increase the expense and reduce the practicality of the production. 4. Easier Review and Analysis The review and analysis of ODF documents is simpler, faster, and more straightforward for legal professionals, expediting the decision-making process. The metadata is more searchable, enabling legal professionals to find relevant information and isolate critical documents more efficiently. This is invaluable for early case assessment and document searches during the litigation process. 5. Compatibility and Hosting ODF production ensures compatibility with various platforms and software, reducing the likelihood of technical issues when accessing or presenting documents in a litigation setting. TIFF productions are often much larger in volume and size, significantly increasing the costs for responding parties to ingest and host. In summary, while ODF production offers numerous advantages, it is essential to consider the specific requirements and guidelines of your litigation matter. Even though the document production stage may be months or years down the road, the production format should be discussed and agreed upon during the early planning of the litigation and included in the ESI protocol. Consulting with legal professionals to determine the most suitable approach for your unique situation is crucial. In most instances, ODF production should be the preferred choice, providing greater accuracy, transparency, and efficiency in the legal process. ILTA

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