The Path to E-Mail Production IV, Revisited

Ball in your Court

path of email-4This is the ninth in a series revisiting Ball in Your Court columns and posts from the primordial past of e-discovery–updating and critiquing in places, and hopefully restarting a few conversations.  As always, your comments are gratefully solicited.

The Path to Production: Are We There Yet?

(Part IV of IV)

[Originally published in Law Technology News, January 2006]

The e-mail’s assembled and accessible.  You could begin review immediately, but unless your client has money to burn, there’s more to do before diving in: de-duplication. When Marge e-mails Homer, Bart and Lisa, Homer’s “Reply to All” goes in both Homer’s Sent Items and Inbox folders, and in Marge’s, Bart’s and Lisa’s Inboxes.  Reviewing Homer’s response five times is wasteful and sets the stage for conflicting relevance and privilege decisions.

Duplication problems compound when e-mail is restored from backup tape.  Each tape is a snapshot of e-mail at a moment…

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