ESI / Native File Processing

ESI / NATIVE FILE PROCESSING & DISCOVERY

Many law firms deal with ESI(native file) discovery routinely, however, one customer, a small South Jersey law firm practicing insurance defense, had not. They were served their first request that required ESI/native file processing and were asked to produce key word search results. The litigation hold letter they received from opposing counsel read in big bold letters ESI DISCOVERY REQUEST. While they regularly dealt with paper and electronic images during litigation, they had not dealt with native data and the ESI discovery request caught them off guard and left them feeling nervous.

Dealing with ESI during discovery is much different and more cumbersome than their previous paper or image cases. This ESI discovery request asking for a native data file production caused a high level of discomfort, and they needed guidance. New Jersey Legal quickly diffused their anxiety by explaining how these ESI discovery requests are now very common, with almost every case now involving some sort of ESI or native file processing.

We explained that ESI discovery always begins with a forensically sound, defensible data collection, which they were not doing. (Their IT staff was simply copying data to a hard drive -- bad idea.) The collected native data files (ESI) must then be processed, following legally defensible proceedures.

New Jersey Legal performs these services daily at our facility and we acknowledge that ESI discovery, ESI processing, and native file productions are now just a normal course of litigation. Anything involved in an ESI discovery request from the forensic collection, to the ESI processing, key word searching, culling or producing is typical. These scenarios, while difficult at first, should be embraced because the pace of ESI discovery requests is accelerating. Avoiding ESI now will cost your clients later.

Got ESI? - JUST CALL NEW JERSEY LEGAL

If your firm wants to learn more about handling ESI/native data files discovery, give us a call. New Jersey Legal holds seminars for litigation teams, and we also conduct private sessions. While fulfilling these discovery requests is not always easy, it should not be intimidating for you or your client.

Using ESI discovery as a tool will help you steer your litigation. No matter how big or small the case, we are here to help. Just Call New Jersey Legal!