What is eDiscovery? (Definitions, Steps & Best Practices)

Defining Electronic Discovery

Electronic discovery, also termed eDiscovery or e-discovery, refers to the process of locating, collecting, and reviewing electronic information that could become evidence in legal proceedings.

It involves analyzing potentially relevant data such as emails, messages, spreadsheets, and databases to uncover facts that support a case.

Unlike routine data searches, eDiscovery operates within strict procedural and legal frameworks that demand accuracy and transparency at every step of the discovery process. Specifically, each document or file must retain its original structure and metadata to be admissible in court.

As digital evidence grows more complex, understanding eDiscovery has become essential for handling large volumes of information efficiently while staying compliant with evolving legal standards.

What is Electronically Stored Information?

Electronically stored information (ESI) refers to any data created, stored, or transmitted in digital form that may serve as relevant evidence during the discovery process.

In modern legal proceedings, most communication and recordkeeping happen electronically, which means valuable details are often buried within digital systems.

ESI covers everything from simple text files to complex databases. It can live on local drives, cloud platforms, mobile devices, or enterprise systems, and must be preserved and reviewed carefully to maintain its authenticity.

Legal teams analyze ESI to locate electronic documents or communications that may clarify key facts in a dispute.

Common examples of ESI include:

• Emails and attachments stored in corporate or personal accounts
• Instant messaging chats from platforms like Slack, Microsoft Teams, or WhatsApp
• Video files and meeting recordings from conferencing tools
• Social media posts and comments relevant to a case
• Financial or business records stored in CRMs, ERPs, or accounting software
• Electronic documents such as contracts, spreadsheets, or reports

Properly managing electronic data sources helps make sure that no crucial information is lost or altered, which, in turn, helps keep all materials usable and defensible in court.

Electronic Discovery vs. Traditional Discovery

Traditional discovery once meant sorting through boxes of paper documents and filing cabinets. Every page had to be read, copied, and organized by hand, which was a time-consuming and expensive task that often led to delays and overlooked details.

Electronic discovery changes that approach by dealing with digital information rather than paper. Rather than flipping through files, legal teams can now search across emails, messages, and databases within seconds.

The shift has made discovery faster and more precise, but it’s also introduced new challenges. With so much digital data available, many organizations struggle to separate what’s truly important from non-relevant documents.

Key differences include:

• Volume: eDiscovery handles millions of files, while traditional methods focus on physical paper documents.
• Speed: Digital tools quickly filter and categorize data.
• Accuracy: Advanced search and analytics can uncover hidden evidence that manual reviews might miss.
• Complexity: Despite legal automation, managing multiple data formats and storage systems can still make eDiscovery a complex process.

Overall, eDiscovery provides deeper insight and control, but it requires the right tools and expertise to manage the growing scale of electronic evidence effectively.

Tools like Briefpoint help simplify this process by automating document drafting, production formatting, and Bates numbering, so teams can focus on the real work behind every case. Book a demo today.

Key Steps in the eDiscovery Process

The e-discovery process follows a structured framework that helps legal teams manage data efficiently and defensibly. Each stage builds on the last to make sure that all evidence remains accurate, traceable, and admissible throughout litigation or internal investigations.

1. Identification

The initial phase focuses on finding where potentially relevant documents or data exist. Teams work with IT staff and forensic investigators to locate files across servers, cloud storage, and personal devices. This stage often defines the scope of what needs to be reviewed later.

2. Preservation

Once data sources are identified, a legal hold is issued to prevent deletion or alteration. Key stakeholders receive instructions to retain emails, messages, and files connected to the matter, maintaining data integrity for review.

3. Collection

During the collection phase, legal teams gather data from the identified sources using secure, defensible methods.

Metadata (like timestamps and authorship) is preserved to maintain authenticity during the review process.

4. Processing

During the processing phase, large data volumes are filtered, de-duplicated, and converted into searchable formats. This step prepares the dataset for legal review and analysis.

5. Review and Production

Attorneys analyze and produce relevant files for opposing counsel based on the Electronic Discovery Reference Model (EDRM), which helps ensure full compliance and defensibility at every stage.

Use Cases of eDiscovery

eDiscovery comes into play anytime large volumes of electronic evidence need to be reviewed or organized.

It’s not limited to court cases, though. Companies also rely on it for compliance, audits, and everyday risk management.

With strong information governance and advanced tools, legal teams can find potentially relevant information faster while keeping everything defensible and well-documented.

Here are a few common use cases that show how eDiscovery technology supports different needs:

• Litigation and regulatory matters: Attorneys use technology-assisted review and computer-assisted review to process relevant ESI efficiently and focus on what truly matters during document review.
• Internal investigations: Companies use eDiscovery tools to look into policy breaches, data misuse, or workplace disputes without disrupting ongoing operations.
• Compliance and data retention: Strong retention policies combined with archiving systems help teams stay organized and ready for audits or data requests.
• Mergers and acquisitions: During due diligence, eDiscovery helps review large data sets quickly to spot risks or confidential information that might affect the deal.
• Government or public inquiries: Agencies use these systems to collect and manage information requests while keeping communication transparent and traceable.

In short, eDiscovery helps organizations stay prepared, compliant, and in control of their data across any situation.

eDiscovery Best Practices for Litigation Workflows

Now that we’ve covered how eDiscovery works in different settings, let’s focus on how to apply it within the litigation process.

Effective workflows keep data secure, organized, and easy to present, which can help legal counsel respond to cases and regulatory requests in a timely manner.

The following best practices can strengthen any legal process and make discovery more defensible and efficient.

Establish a Clear Data Strategy

A strong discovery workflow starts with understanding where raw data lives and how it moves across your systems.

Create a clear map of data sources, such as email servers, cloud storage, and collaboration tools. This way, you know where to look when new matters arise. Early identification helps reduce wasted effort later in the process and keeps deadlines realistic.

Many teams now integrate eDiscovery solutions directly into their case management systems to simplify this tracking and reduce manual searching.

Protect Sensitive Information

Every discovery project includes some form of confidential or sensitive information, from client records to trade secrets. Use access controls, encryption, and secure transfer protocols to limit exposure during review or production.

Clear labeling and privilege logs also help maintain defensibility if information is challenged. Legal teams should regularly review their data handling procedures to stay aligned with current privacy and security standards.

Automate Early Stages of Review

Workflow automation helps legal counsel manage growing data volumes without sacrificing accuracy. Modern eDiscovery solutions use analytics and AI-driven features to categorize documents automatically, separating high-priority items from irrelevant ones.

This not only shortens review time but also makes it easier to meet deadlines for regulatory requests. Plus, technology-assisted review and keyword filters can quickly flag potential evidence while keeping the review team focused on what matters most.

Maintain Strong Communication Channels

The litigation workflow often involves multiple teams, including attorneys, IT, compliance, and external partners.

Consistent communication keeps everyone aligned and minimizes the risk of error. So, hold brief check-ins during each stage of the discovery timeline to verify progress and adjust scope when new information surfaces.

Additionally, a shared platform or collaboration dashboard makes sure that updates are documented and easy to reference throughout the legal process.

Document Everything for Defensibility

From the first data pull to the final production, documentation builds trust and credibility. Record what data was collected, how it was preserved, and who handled it.

Maintaining this audit trail protects against disputes and shows that every action followed a consistent, defensible procedure.

Reliable documentation also helps legal counsel demonstrate diligence if propounding discovery practices are ever questioned in court or during a regulatory request review.

Review and Improve Post-Case

After each case, take time to review what worked well and what could be improved. Evaluate the efficiency of your eDiscovery solutions, communication flow, and timeline management.

Gathering feedback from key stakeholders strengthens your overall discovery readiness for future matters. A post-case review helps teams continuously refine their process, reduce costs, and respond faster in upcoming litigation.

The End of Manual Discovery Has Finally Arrived

eDiscovery has turned into a core part of modern litigation that helps firms manage complex digital evidence, protect sensitive data, and respond to cases on time. When done right, it saves hours of effort and keeps every production defensible all throughout.

Briefpoint takes that next step by turning the most tedious parts of discovery into a streamlined workflow. Its AI-powered drafting tools prepare discovery requests and responses automatically with no formatting headaches or endless copy-pasting.

And with Autodoc now live, teams can generate Bates-cited Word responses and production-ready packages in minutes. Every file stays traceable, every record stays consistent.

Briefpoint gives law firms a faster, smarter, and fully defensible way to handle discovery from the first draft to final production.

Schedule a demo today!