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Sent to you by pakurilecz via Google Reader: Electronic Discovery
Reference Model (EDRM) via Electronic Data Records Law | How to Win
E-Discovery by Benjamin Wright on 11/23/08
Standards and Guidelines for E-Discovery

E-discovery (the process of finding and disclosing electronic evidence
in litigation) has become a sizable industry. But the industry has
emerged so quickly that e-discovery work is anything but uniform.
Performance of e-discovery work is evaluated largely on an ad hoc
basis. To change that, industry leaders have formed a group to set
standards and guidelines.

The Electronic Discovery Reference Model pulls together law firms,
e-discovery technical practitioners and the vendors of e-discovery and
e-archival products. It comprises several projects.

One project is a set of metrics for tracking and measuring e-discovery
activities.

Metrics can help litigants and courts assess which e-discovery is and
is not required. A general principle of e-discovery law is that a party
should be required to expend no more than reasonable effort to find and
turn over electronic records. Authoritative metrics can help reveal the
difference between reasonable effort and unreasonable effort.

Another EDRM project is crafting a framework for defining and executing
searches for electronic documents. Different methods for searching
(keywords, heuristics and so on) a given group of records will yield
different results. An EDRM search framework could help litigants
specify what they expect from e-discovery work and avoid surprise or
disappointment after it is performed.

A third project is writing an ethical code of conduct for e-discovery
practitioners. This code will help courts and litigants evaluate and
gain confidence in the quality of e-discovery work by particular
practitioners.

EDRM has the potential to enable future technologies that can
contribute discipline, efficiency and reliability to the e-discovery
phase of litigation. It can also give the vendors of electronic
archival systems direction as they develop products intended to
facilitate e-discovery for future litigation. I foresee document search
technologies using artificial intelligence and other advanced search
analytics.

–Benjamin Wright

Mr. Wright is an advisor to Messaging Architects , a participating
member of EDRM.

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