eDiscovery Vendors and Preserving Chain Of Custody
eClarisIs your eDiscovery vendor your weakest link when it comes to data security? Should this consideration not yet exist in your mind, start thinking fast. Many courts have ruled that chain of custody issues, as they relate to eDiscovery vendors, can and will adversely affect your lawsuit.
Sounding so deceptively simple, many chain of custody issues are actually quite challenging to legally uphold when it comes to electronic evidence. This is because, for purposes of authenticity, all potentially relevant electronic data must be accounted for from the discovery phase all the way though trial. At trial, it is crucial to physically document the chain of custody of all potentially relevant data to disprove any actual or possible tampering.
Prior to the advent of the computer, and thus electronic data, businesses simply used written chain of custody log forms to account for all potentially relevant evidence. These log forms recorded who came into contact with the evidence, usually, as a matter of fact during a criminal case, en route to trial. All chain of custody paperwork was usually handwritten and stored with other case evidence to verify its authenticity and prevent any alteration.
Nowadays it is a whole new ballgame. Electronic data has added an extra dimension of complexity to the rather simple and rudimentary chain of custody process. Tagging physical evidence is a method still employed for criminal actions; however, chain of custody issues are no longer limited to criminal cases alone. Today, chain of custody issues routinely arise in civil cases as well.
In addition to its expansion into the civil realm, modern chain of custody issues presents additional hurdles since the electronic data of two forms of evidence, tangible and intangible, now need to be preserved. Tangible objects in this regard could be a computer, hard drives, flash drive, backup tapes and intangible data can be metadata and emails. Both types of electronic evidence must be carefully tracked.
Many eDiscovery vendors, while vital to obtaining all potentially relevant data, lack a concrete awareness of their duty to preserve the chain of custody. As a result eDiscovery vendors are apt to break chain of custody and inadvertently disclose otherwise confidential or privileged information. Common missteps include a disregard and/or misuse of the tangible and intangible data mediums listed above.
Enter eClaris. eClaris maintains a thorough process for each case to ensure that all chain of custody issues are met. As a result, eClaris creates a proper chain of custody log for each case that will showcase the integrity of all evidence from collection to trial. These logs document information relating to how the data was located, gathered, analyzed and then secured. eClaris keeps these logs available for review at any moment throughout the life cycle of the data to ensure that their client's data will be properly authenticated by the court.
eClaris' new website, www.eclaris.com, ensures that all chain of custody issues are properly accounted for by clearly guiding clients through the eDiscovery process. This innovative web portal, chain of custody issues aside, is revolutionary in how law firms and corporations interact with eDiscovery by providing a 24/7 online portal to do so. As a result of the new eClaris website eClaris clients will now be able to: get quotes, submit jobs, upload/download data, save job specifications, view job history and generate data reports. These new features will undoubtedly increase law firm and corporation productivity as they will now be able to commence and manage their own eDiscovery processes online, anytime.
Guaranteeing chain of custody of electronic data can be confusing and quite daunting given the coordination that must take place between vendors, IT professionals and attorneys. As a result, businesses and corporations should select an eDiscovery vendor that pays attention to chain of custody issues by having an internal plan to track and account for all electronic evidence. Locating the right vendor goes a long way towards creating defensible procedures that allow law firms and businesses peace of mind when it comes to satisfying all chain of custody issues.
eClaris is a dynamic eDiscovery consulting firm dedicated to helping law firms and corporations classify process and review electronically stored data. As a leading provider of eDiscovery services since 2004, eClaris combines top-notch legal expertise with latest in scalable technology to provide clients with cost effective, accurate and accessible data in a timely fashion. eClaris' eDiscovery services cover each of the eight critical steps of the eDiscovery process: Early Case Assessment, Data Harvesting, Data Preservation, Data Processing, Document Review, Document Production, Exhibit Identification/Trial Preparation and Regulatory Storage. eClaris is a privately held company. For more information, visit www.eclaris.com or call 213.623.1620.
Electronic Discovery
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