An Overview of the Typical eDiscovery Workflow

What Is eDiscovery?

The eDiscovery process (electronic discovery) is how legal teams handle electronically stored information (ESI) during litigation and investigations.

Emails, documents, chat messages, cloud files, and mobile data all come into play. If it lives on a screen, it’s likely part of the discovery process.

Not that long ago, discovery looked very different. Paper files, boxes of documents, and manual review did most of the heavy lifting. That approach could work when data was limited and mostly physical.

Today, information spreads across inboxes, apps, shared drives, and systems that change constantly. Manual discovery struggles to keep up.

eDiscovery evolved to match that reality. With eDiscovery software, teams can collect and review digital information in a more structured way. Search tools, filters, and review workflows help narrow large data sets down to what actually matters.

In short, eDiscovery brings clarity to digital evidence. It enables legal teams to manage volume, move faster through review, and stay organized as cases progress, without relying on outdated, labor-heavy methods.

What Does a Standard eDiscovery Workflow Look Like?

Every law firm and legal team has its own way of handling discovery. Workflows shift based on case size, deadlines, risk tolerance, and the tools in use. Some teams lean heavily on modern platforms, while others rely on a mix of software and manual steps.

Even with those differences, most matters follow a familiar path. The steps may overlap or move faster depending on the setup, but the overall flow tends to stay consistent. Here’s how eDiscovery usually unfolds in practice.

Case Assessment and Planning

This is the point where discovery starts to take shape. Before data gets collected or reviewed, you need a clear sense of what the case calls for and what can wait. Early decisions here tend to influence everything that follows.

Early case assessment helps narrow the focus before effort and cost ramp up. You’ll usually see teams focus on things like:

• Identifying the claims, defenses, and key issues
• Flagging custodians tied to potentially relevant data
• Spotting systems that may hold relevant documents
• Estimating data volume and review effort
• Setting timelines and internal responsibilities

This stage also sets expectations. What qualifies as relevant information? What falls outside the scope? Always remember that getting alignment early reduces back-and-forth later in the eDiscovery workflow.

Data Identification

This step is about getting clear on where information actually lives. In most cases, relevant material sits in more places than people expect, especially with how work happens today.

You’re looking for electronic data that could matter to the case, not trying to grab everything at once. That means tracking down potentially relevant ESI, understanding who controls it, and noting how it’s stored. You also need to know if there are any ESI protocols in place.

Data identification often includes a mix of familiar and less obvious data types, such as:

• Email and calendar systems
• Documents and spreadsheets
• Chat and collaboration tools
• Cloud storage and shared drives
• Social media posts
• Mobile data and text messages
• Video files, images, and audio
• Internal systems and databases

Spending time here helps surface critical documents and key evidence early. It also reduces surprises once collection starts and gives the discovery process a stronger foundation.

Data Preservation and Legal Holds

Preservation and legal holds are basically the moment you hit pause on everyday data habits. Once a legal matter is reasonably on the horizon, certain information can’t keep cycling through normal deletion rules.

A legal hold lets people know they need to retain electronically stored information tied to the case. Say an employee’s inbox clears messages after a set period.

If that person becomes a custodian, those emails need to stay put. The same goes for shared folders, chat platforms, and other places where sensitive data may live.

This step also requires care around data protection regulations and regulatory compliance. Preserving information doesn’t mean opening access to everything. Teams still have to handle personal and confidential material thoughtfully.

Handled early, preservation keeps the discovery process on solid ground. It helps avoid awkward questions later about missing data and shows that the team took its obligations seriously from the start.

Data Collection

Data collection is where information moves out of its original home and into a review-ready environment. The focus stays on accuracy and consistency, especially once deadlines and pressure start building.

At this stage, teams aim to manage data carefully without pulling far more than the case requires. The sheer volume of digital information makes that balance important.

You’ll usually see collections handled with goals like these:

• Gathering data from identified sources: Pulling emails, files, and messages tied to custodians and systems flagged earlier.
• Maintaining defensibility: Tracking where data came from and how it was handled throughout the process.
• Limiting over-collection: Avoiding unnecessary copies of multiple documents that don’t add value.
• Reducing disruption: Collecting information without interfering with day-to-day business activity.

Strong data management matters here. The right eDiscovery software can help manage data volumes, keep collections organized, and reduce manual effort before review even begins.

Processing

Processing is the cleanup phase that turns raw data into something you can actually work with. Collected files often come in different formats, versions, and structures, which makes direct review impractical without some prep.

This step helps organize unstructured data while keeping legal requirements in mind. It’s also where eDiscovery tools start doing a lot of behind-the-scenes work.

Processing typically includes tasks like:

• Converting files for review: Turning emails, documents, and media into formats that review platforms can handle.
• Removing duplicates and system files: Cutting down noise so reviewers spend time on meaningful content.
• Extracting text and metadata: Making information searchable and easier to sort.
• Applying basic filters: Narrowing data sets using dates, custodians, or keywords.

Good processing sets the tone for review. Clean, organized data saves time, controls cost, and keeps the workflow moving without unnecessary friction.

Review and Analysis

This is where eDiscovery starts to feel real. Documents get opened, read, and evaluated to see how they fit into the case.

Relevance, responsiveness, and privilege all come into focus here, and decisions made at this stage often shape what gets produced later.

In the past, reviewing meant reading everything from top to bottom. That approach breaks down fast once data volumes grow.

Today, analysis tools use artificial intelligence and natural language processing to surface patterns, cluster related documents, and flag items likely to matter. Plus, advanced analytics help reviewers spend time where it counts.

For example, if a case centers on a contract dispute, analytics can help group communications tied to negotiations, amendments, or approvals, even if the language varies. Reviewers can then focus on those threads without combing through every unrelated email.

Even with smarter tools, human judgment remains essential. Context, nuance, and legal significance still require careful review. Technology-assisted review helps narrow the field, but people make the final calls that move the discovery process forward.

Privilege Review and Redactions

Privilege review is the step where teams slow things down and double-check what should stay private. The goal is to prevent protected communications from ending up in front of opposing counsel during legal proceedings.

This usually involves attorney-client communications, legal advice, and internal analysis. Sometimes it’s straightforward. Other times, the same document mixes privileged content with information that needs to be produced.

That’s where redactions come in. They allow part of a document to move forward while keeping sensitive sections hidden.

This stage matters for more than caution alone. Regulatory requirements and court expectations leave little room for error, and accidental disclosure can create real potential risks. Once something is produced, pulling it back can be difficult.

Privilege review helps teams effectively manage exposure while keeping the eDiscovery process on track. It’s often the last meaningful checkpoint before documents leave your control, which makes accuracy and consistency especially important here.

Production

Production is when reviewed documents officially leave your hands and go to the other side. In civil litigation, this step carries real consequences, since errors can lead to disputes, delays, or court involvement.

The focus here is precision. Only specific documents approved during the review process should move forward, and they need to follow the agreed production rules. Formatting, labeling, and confidentiality designations all matter.

Production typically involves:

• Selecting final responsive documents
• Applying Bates numbers and confidentiality markings
• Confirming redactions display correctly
• Packaging files in the required format

Modern eDiscovery platforms help legal professionals handle this work without manual file handling. That structure allows legal teams to stay consistent, even when production includes thousands of records.

For example, a large email production may require keeping message threads and attachments grouped together. With the right legal workflow tools, those relationships stay intact automatically, which reduces mistakes and follow-up issues.

Once produced, documents are delivered to opposing counsel, and discovery often continues with additional requests or clarifications.

Delivery and Service

Delivery and service are the handoff points. After final production is ready, documents are formally shared with the other side in line with legal obligations and any agreed procedures. This step may sound simple, but it still deserves attention.

Today, many corporate legal teams rely on collaboration platforms or cloud-based eDiscovery platforms to handle delivery. These tools make it easier to transfer large files securely, track access, and confirm receipt without relying on physical media or unsecured file sharing.

Service also creates a clear record. Who received the production, when it was delivered, and what was included all matter if questions come up later. Even small issues, like a missing file or a corrupted attachment, can slow things down if they aren’t caught early.

Once delivery is complete, discovery rarely pauses for long. Follow-up requests, questions, or supplemental productions often come next, which makes clean service an important checkpoint before moving forward.

Post-Production and Matter Closeout

Once documents are out the door, discovery doesn’t automatically shut down. There’s usually a stretch where teams stay engaged, watching for follow-up requests and making sure nothing gets overlooked as the case moves forward.

This phase often includes work like:

• Handling additional discovery responses: Responding to questions or producing supplemental material tied to earlier document review.
• Keeping tabs on obligations: Monitoring legal holds and knowing when they can safely be lifted.
• Staying organized: Using centralized tracking to track progress and keep timelines visible.
• Wrapping up data management: Archiving files or clearing retained data at the right point in the eDiscovery lifecycle.
• Looking back: Reviewing how the process played out and noting improvements for future matters.

An eDiscovery solution can help bring closure to this stage, keep records clear, and make sure decisions are documented.

Clean closeout reduces risk, supports future reference, and gives teams a clearer exit once discovery truly ends.

Bringing eDiscovery Back to a Manageable Process With Briefpoint

eDiscovery works best when each stage stays focused and predictable. The challenges usually show up during response drafting, objections, and production prep, where manual work can slow everything down.

Briefpoint is the AI tool that focuses on those pressure points.

Along with tools that support faster, more consistent discovery responses, Autodoc helps turn productions and case files into ready-to-serve responses with citations already in place. That means less time copying, pasting, and cross-checking documents.

Resources like the Discovery Objections Cheat Sheet also give teams a practical reference when decisions need to be made quickly, without overthinking each response.

If discovery work feels heavier than it should, seeing how Briefpoint handles these steps can be eye-opening.

Book a demo today!