Self-Collection In E-Discovery — Risks Vs. Rewards
Law360, New York (August 28, 2017, 10:43 AM EDT) -- Allowing custodians to search for and collect their documents for use in litigation is a risky proposition that is frowned upon by courts. Judges have declared that "most custodians cannot be 'trusted' to run effective searches" and that it is "insufficient ... to vest total discretion in the employee to search and select what the employee deems relevant." As judges become better educated about the complexities of collecting electronically stored information (ESI), in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection.
And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent...
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