Organizing and Aligning Different Approaches to eDiscovery With the goal of helping eDiscovery providers and consumers establish a basic framework for organizing and aligning the elements of three commonly referenced approaches to eDiscovery, the following Basic eDiscovery Offering Framework is provided for your consideration and use. Basic eDiscovery Offering Framework The Basic eDiscovery Offering Framework is designed to help eDiscovery professionals cohesively consider how to share and compare service and product information as it relates to the conduct of eDiscovery regardless of the steps, model or best practices used by practitioners. The framework was initiated as part of an exercise to align the step, model and best practice tasks highlighted in the following three commonly referred to eDiscovery approaches: + Arkfeld’s Best Practices Guide for Electronic Discovery and Evidence – Technology Steps (Michael Arkfeld)¹ + The Electronic Discovery Reference Model – EDRM (EDRM)² + Electronic Discovery Best Practices – EDBP (Ralph Losey)³ The framework provides for a common, high level group of five categories that appear to span the spectrum of potential eDiscovery tasks and can be used to help organize and align underlying legal requirements and technological capabilities. These five categories and their definitions are as follows: General eDiscovery Offering Categories + Plan: Proactive establishment and execution of tasks, techniques and procedures designed to maintain the integrity of electronically stored information (ESI) and facilitate the conduct of ESI discovery throughout the litigation lifecycle. + Preserve: The execution of tasks, techniques and procedures designed to keep ESI safe from danger or harm throughout the litigation lifecycle. + Prepare: The execution of tasks, techniques and procedures designed to make appropriate ESI ready for examination and evaluation. + Review: The execution of tasks, techniques and procedures designed to examine and evaluate ESI in relation to audit, investigation or litigation objectives. + Share: The tasks, techniques and procedures designed to allow others to use appropriate ESI as part of an audit, investigation or litigation. In addition to these category definitions, the following clarifying definitions are provided to share the description and relationships between tasks, techniques and procedures. Clarifying Definitions + Task: A definite and specific instance or act of work. + Technique: The method in which a task is accomplished. Procedure: The sequence of actions or instructions to be followed in accomplishing a task or series of tasks. Source: http://bit.ly/Sk0i0A ——————- ¹ Michael R. Arkfeld, Arkfeld’s Best Practices Guide for Electronic Discovery and Evidence, 4.39(c), 72 (2010-11 Ed.) ² Electronic Discovery Reference Model, EDRM.net, 2012. ³ Ralph Losey, Electronic Discovery Best Practices, ED

1. eDiscovery
Offering
Framework
General
Categories
Plan
Preserve
Prepare
Review
Share
Framework
Defini.ons
Plan:
Proac9ve
establishment
and
execu9on
of
tasks,
techniques
and
procedures
designed
to
maintain
the
integrity
of
electronically
stored
informa9on
(ESI)
and
facilitate
the
conduct
of
ESI
discovery
throughout
the
li9ga9on
lifecycle.
Preserve:
The
execu9on
of
tasks,
techniques
and
procedures
designed
to
keep
ESI
safe
from
danger
or
harm
throughout
the
li9ga9on
lifecycle.
Prepare:
The
execu9on
of
tasks,
techniques
and
procedures
designed
to
make
appropriate
ESI
ready
for
examina9on
and
evalua9on.
Review:
The
execu9on
of
tasks,
techniques
and
procedures
designed
to
examine
and
evaluate
ESI
in
rela9on
to
audit,
inves9ga9on
or
li9ga9on
objec9ves.
Share:
The
tasks,
techniques
and
procedures
designed
to
allow
others
to
use
appropriate
ESI
as
part
of
an
audit,
inves9ga9on
or
li9ga9on.
Addi.onal
Defini.ons
Task:
A
definite
and
specific
instance
or
act
of
work.
Technique:
The
method
in
which
a
task
is
accomplished.
Procedure:
The
sequence
of
ac9ons
or
instruc9ons
to
be
followed
in
accomplishing
a
task
or
series
of
tasks.
Source:
A
Basic
eDiscovery
Framework:
One
Way
To
Align
Three
Differing
Approaches.
ComplexDiscovery.com,
2012.

2. Basic
eDiscovery
Offering
Framework
General
Categories
Plan
Preserve
Prepare
Review
Share
Arkfeld’s
Best
Prac9ces
Guide
for
Electronic
Discovery
and
Evidence
¹
Legal
Hold
Iden9fy
Filter
Review
Disclosure
Readiness
Triggering
Preserve
Convert
Analyze
Form
of
Event
Forms
Legal
Hold
Collect
Present
Process
Electronic
Discovery
Reference
Model
(EDRM)
²
Informa9on
Iden9fica9on
Processing
Review
Produc9on
Management
Preserva9on
Analysis
Presenta9on
Collec9on
Electronic
Discovery
Best
Prac9ces
(EDBP)
³
Li9ga9on
Hold
No9ces
Coopera9on
Culling
Produc9ons
Readiness
Interviews
Computer
Evidence
Assisted
Review
Collec9ons
Protec9ons
¹
Michael
R.
Arkfeld,
Arkfeld’s
Best
Prac.ces
Guide
for
Electronic
Discovery
and
Evidence,
4.39(c),
72
(2010-­‐11
Ed.)
²
Electronic
Discovery
Reference
Model,
EDRM.net,
2012.
³
Ralph
Losey,
Electronic
Discovery
Best
Prac.ces,
EDBP.com,
2012.