“Whether we like it or not every lawsuit now has ESI and IT is responsible for helping protecting ESI.”
This is one of those things that I don’t think the legal industry truly understands. IT’s job is first and foremost about keeping all the technology running and proiding useful solutions to business needs. Keeping track of data for potential litigation is not a huge priority. In fact, most people in IT would not even think about it unless directed to do so by the legal department.
So make sure you’ve communicated with them and come up with a process by which they can do what is needed. Don’t assume everyone else spends their days thinking about eDiscovery. They don’t.