Lawyers should understand that eDiscovery is neither a magic box (where documents go in and then a production comes out) nor a single piece of software or singular technology – it is a collection of tools, methodologies, and workflows that must be used in the correct way to achieve optimal results. eDiscovery is a science, and like any other science it can be studied, learned, and understood. We also stress to Lawyers the important of planning and creating even a basic Discovery strategy vs diving in head first into a large pool of documents…
For laypeople, it is important for everybody to know that their data could be subject to the litigation or eDiscovery process at any time. Mobile phones, laptops, text messages, email, Facebook, and social media posting – you never know if or when your information can be collected, reviewed, and produced so watch out when creating documents and writing emails! Be conscious of this fact, be smart, and be informed.