ESI discovery involves five fundamental steps: identification, preservation, collection, review, production. The initial client interview is crucial to litigation success and maintaining a healthy skepticism concerning a client’s initial explanation of a case is critical.
DR Distributors v. Century 21 Smoking is treatise on how not to conduct discovery, but Judge Johnston articulates a road map of best practices when dealing with ESI and electronic discovery. This thoughtful how to is likely intended to prevent similar failures of counsel.