“The second method is one that I highly recommend and fully support in most, if not all matters, regardless of size or value. That method is the custodian interview. If an organization is subjected to discovery for litigation or other purposes, it is critical to interview the employees who created and controlled the ESI. I could be wrong, but I sometimes get the feeling that case teams are moving away from the interview process. They think that the technology can be used to “boil the ocean” and just leave behind the relevant ESI.”
Back when I used to teach a class that included litigation holds, I used a real-world example. I won’t publish the details, but I became aware of a technology project that kind of went sideways, and eventually led to potential litigation. During the course of this project, the users gave the tool a nickname and a ton of emails referred only to that nickname.
As an eDiscovery practitioner, how would you know to search for that nickname?
By talking to the users, obviously!