By Neil R. Packard, e-Diligent, Inc. President
Electronic-evidence resides in diverse locations and formats, even employee home computers.
Starting the process with appropriate communication and notification is critical to a defensible and judicially acceptable outcome. Preservation and legal hold notification programs fall under a company's purview and validating the program is counsel's responsibility.
Originally published:

E-Discovery Advisor Magazine
Print Edition: 2006 Issue 6, Page 14
Web Edition: 2006 Week 45, Doc #18524

PDF Version

Law and technology possess distinct terminology and rules, which when used improperly, can seriously damage the good-faith efforts of all those involved. Technicians must learn and comprehend the intricacies of evidence and the judicial system, legal professionals must learn the technical jargon, understanding exactly what they require of information technology professionals. 

The identification and preservation of potentially relevant electronic evidence is a complex requiring established processes and procedures coupled with experienced professionals and technology.