Issue link: https://epubs.iltanet.org/i/25416
PRELITIGATION A party in a lawsuit has always been obligated to preserve documents for pending, future and expected litigation. Paper documents were routinely preserved and destroyed per corporate document retention policies. That straightforward activity has now become complex with the required inclusion of electronic documents in the discovery process. Many corporations are struggling to develop and apply new policies that meet their legal obligations, which gives LSPs the opportunity to meet with corporate IT departments to develop data maps and document the organization’s technical infrastructure. Experienced LSPs are stepping in to assist their legal teams and corporate attorneys in this phase of the litigation process. Some of the prelitigation tasks LSPs are now involved in include: • Reviewing corporate document retention and computer-use policies • Creating inventories of client data • Creating inventories of client hardware and software applications • Assisting in document collection plans • Identifying qualified service providers These tasks require both an understanding of a party’s discovery obligations and an understanding of information technology — basic skill sets of a good LSP. DISCOVERY In every case, there is one common initial goal: Producing a complete and properly preserved collection of responsive documents. The starting point includes the vast repositories of client documents and data. The end point is the subset of that collection which is responsive and must be produced. Getting from start to finish is often the most labor- intensive and costly part of a case — a process requiring many skill sets, people and technology tools. A successful production starts with a solid plan and requires proper execution of that plan. LSPs are playing a big role in developing these plans and they are getting involved in early case-planning meetings with clients and the litigation team. Here are some of the tasks that LSPs are well-qualified to assist with: • Identifying documents that are potentially responsive, where those documents are located, what applications are housing them, and how those documents will be collected, processed and reviewed • Identifying qualified resources to do the work • Managing service providers and internal resources • Developing budgets and schedules for discovery tasks www.iltanet.org Litigation and Practice Support 19