Authors – Matthew Verga and Paul Price, Aug 2020
Collection activities are usually among the first expenses in any eDiscovery project, inseparable from identification and preservation, the three activities together creating the foundation for all the work that follows. Although that subsequent review and production work typically costs far more, those initial collection expenses are often treated as something to be minimized or avoided. Not all shortcuts are created equal, however, and self-collection is one that should almost always be avoided. Saving a minor amount at the beginning of a project by risking substantial costs, conflicts, and sanctions later in the project is the very definition of penny-wise and pound-foolish.
In this 14-page Practice Guide, XDD Director of Education Matthew Verga and XDD VP of Forensic Services Paul Price discuss why collection is so important, what risks come with custodian self-collection, what risks come with organization self-collection, and what the courts have said about both.
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