Capturing critical document sources in the collection process

One of the first pitfalls we commonly see lawyers and their clients encounter relates to the process of locating all potential sources of relevant documentation and data relating to the matter at hand. There is often a failure to consider all the potential sources of relevant data and locate critical document sources at the outset of a matter. This can lead to all manner of complications as the matter progresses, with some proving very detrimental to the matter.

Consider

• The period over which the legal issues arise and identify the systems in use during that timeframe.

• Any turnover in staff across the client organisations that may lead to a loss of key knowledge about data retention and storage practices.

• Any upgrades of information technology resources and in particular data storage facilities that may mean critical data is stored in multiple or inconsistent locations.

• The potential use of individual or personal devices for data and document storage.

• The legacy hardcopy storage sources and archives.

• Any new and modern, or non-standard communication or storage mediums such as databases (Aconex, Customer Relationship Management portals, Salesforce), instant messaging (text, WhatsApp, Signal) and project management tools (Microsoft Teams, Planner, Asana).

• Any other unusual data sources that may assist in addressing the legal issues in your matter for example, website traffic, big data capture, software program analysis.