ESI Checklist for New Matters

When a new matter lands on your desks that involves ESI (Electronically Stored Information), it can be a little overwhelming making sure you are covering all your bases.  You have a need to both protect and preserve your client’s ESI and also locate and discover the opposing side’s ESI.

In order to make your life a little simpler, I have put together a simple checklist for you to use that will cover the basic points to keep in mind.  This is obviously not a comprehensive guide, but rather a framework from which to develop a strategy specific to your matter.  As always, I highly recommend contacting Peak at the onset of your matter simply to make sure your plan is viable and comprehensive.



STEP 1-Determine your client’s ESI “world”

What potentially relevant ESI does your client have that may be subject to a duty to preserve and where does that ESI exist?


STEP 2-Take adequate steps to preserve

Consider enacting a formal litigation hold notice or a preemptive collection of your client’s potentially relevant ESI.


STEP 3-Determine the opposing party’s ESI “world”

What potentially relevant ESI does the opposing party have that may be subject to a duty to preserve and where does that ESI exist?  Early interrogatories or a Rule 30(b)(6) deposition of an organization may be needed to fully discover the ESI scope.


STEP 4-Notice of duty to preserve

Provide the opposing party with a written notice of their duty to preserve.


STEP 5-Plan for production from the onset

Begin your ESI process with a thought toward how you would like to receive data from the opposing party, and therefore how you will most likely need to provide your ESI to them.


ABOUT Peak Forensics: Peak Forensics is a full service Computer Forensics, Electronic Discovery and Consulting firm in Phoenix, Arizona.  Peak Forensics provides experienced, professional computer forensics services, client centric electronic discovery and seasoned testimonial and trial consulting services.  Peak’s CEO and founder, Jefford Englander, has been actively participating in computer forensics and ESI investigations for 15 years and has a background in local and federal law enforcement and the civil litigation realm.  From ESI collection to forensic analysis, hosted review, reporting and expert testimony, Peak can lead you to focused information.