E-DISCOVERY, (LAB) PRACTICE EXAM
QUESTIONS WITH COMPLETE
ANSWERS
From the very beginning of litigation, what must I do? - ANSWER-have a plan / have the
info I need to devise a plan
What issues do I have to figure out with e-evidence from the very beginning of litigation?
- ANSWER-What e-evidence may be in issue?
Where is the data located?
Who might have custody and control of the data?
Whether Defendant or Plaintiff, you must know the size and nature of the "elephant" at
the first possible moment! - ANSWER-Because there must be a starting point, consider
the preliminary questions for my client so I have a sense of what is involved overall.
What is the "brain" of the E-Discovery operation? - ANSWER-servers
The workstations/laptops of the company are connected to the server. It is the server
that commands them and houses a vast majority of data. - ANSWER-Data may also
reside on local hard drives or removable media (thumb drives, CD-ROMS, disks, etc.)
Local hard drives/removable media are often overlooked during the hunt for data on
servers. - ANSWER-Track down all possible locations of data.
The company's data is rarely entirely within the company's infrastructure. When might
data be outside the infrastructure? - ANSWER-Employees take work home.
What backup systems are used?
Is archived media stored off-site?
Do affiliate companies have data?
Do branch offices have data?
Why use preliminary forms at the beginning of litigation? - ANSWER-understand my
client
narrow the scope for gathering evidence
build my file that's easy to refer to
give key technology personnel the right information
Pay attention to chain of custody to avoid the risks of sloppy procedure. - ANSWER-It is
simple to keep procedure intact by executing point to point chain of custody forms. (For
example, use FedEx tracking numbers to maintain chain of custody when overnighting
evidence!)
, Meet with opposing counsel from the very beginning to establish e-evidence protocols.
This avoids later skirmishes in court and court orders. - ANSWER-Checklists help me
ensure that I do NOT overlook something that may bite me later.
Forms initiate the identification process at the beginning of litigation for determining
what computers and media may be a target of E-Discovery requests. - ANSWER-
What form is part of the amendments to FRCP in 2006? - ANSWER-Nonwaiver of
Privilege Agreement
FORMS for gathering evidence: - ANSWER-General Preliminary E-Evidence Questions
for Client
Checklist to define the Scope of E-Discovery
Checklist for Electronic Media Evaluations
Checklist of Sources for E-Evidence
Desktop Info Form
Server Info Form
Identification of Key IT Personnel
Evidence Custody Form (records Chain of Custody)
Checklist for Electronic Database Management
Guidelines for E-Evidence Protocol (agreements between parties)
Nonwaiver of Privilege Agreement (safeguard of privacy)
What form is for the paralegal, with Qs for the company/location of the data in question?
The paralegal asks that the company's IT person be available to tour the facility. Be
prepared to walk around and view the structure and setup of the technical equipment in
person. Restructure the questionnaire so I can make extensive notes as I discuss the
checklist items. - ANSWER-Checklist to Define the Scope of E-Discovery
What form is for the client and is a solid jumping off point to get the ball rolling? It can be
sent to the client for response. Reform this document into a fill-in-the-blank
questionnaire for the client. - ANSWER-Preliminary E-Discovery Qs for Client
What form is for the forensic technician? It can be copied to the client. This form is given
to the forensic technician that the law firm hires to replicate the data in question. Do
NOT attempt the steps in this form without an expert! - ANSWER-Checklist for
Electronic Media Device Evaluation
What form is for the client and may also need to be given to a forensic technician? It
exposes all possible sources that could contain data relevant to the litigation. After this
form is complete, the forensic technician should be provided with the results. -
ANSWER-Checklist of Sources for E-Evidence
What form is for the forensic technician to evaluate any computer? Fill out the initial
parts of the form to act as an inventory for all company computers that need to be
replicated. But the majority of info will be filled out by the technician, with special
QUESTIONS WITH COMPLETE
ANSWERS
From the very beginning of litigation, what must I do? - ANSWER-have a plan / have the
info I need to devise a plan
What issues do I have to figure out with e-evidence from the very beginning of litigation?
- ANSWER-What e-evidence may be in issue?
Where is the data located?
Who might have custody and control of the data?
Whether Defendant or Plaintiff, you must know the size and nature of the "elephant" at
the first possible moment! - ANSWER-Because there must be a starting point, consider
the preliminary questions for my client so I have a sense of what is involved overall.
What is the "brain" of the E-Discovery operation? - ANSWER-servers
The workstations/laptops of the company are connected to the server. It is the server
that commands them and houses a vast majority of data. - ANSWER-Data may also
reside on local hard drives or removable media (thumb drives, CD-ROMS, disks, etc.)
Local hard drives/removable media are often overlooked during the hunt for data on
servers. - ANSWER-Track down all possible locations of data.
The company's data is rarely entirely within the company's infrastructure. When might
data be outside the infrastructure? - ANSWER-Employees take work home.
What backup systems are used?
Is archived media stored off-site?
Do affiliate companies have data?
Do branch offices have data?
Why use preliminary forms at the beginning of litigation? - ANSWER-understand my
client
narrow the scope for gathering evidence
build my file that's easy to refer to
give key technology personnel the right information
Pay attention to chain of custody to avoid the risks of sloppy procedure. - ANSWER-It is
simple to keep procedure intact by executing point to point chain of custody forms. (For
example, use FedEx tracking numbers to maintain chain of custody when overnighting
evidence!)
, Meet with opposing counsel from the very beginning to establish e-evidence protocols.
This avoids later skirmishes in court and court orders. - ANSWER-Checklists help me
ensure that I do NOT overlook something that may bite me later.
Forms initiate the identification process at the beginning of litigation for determining
what computers and media may be a target of E-Discovery requests. - ANSWER-
What form is part of the amendments to FRCP in 2006? - ANSWER-Nonwaiver of
Privilege Agreement
FORMS for gathering evidence: - ANSWER-General Preliminary E-Evidence Questions
for Client
Checklist to define the Scope of E-Discovery
Checklist for Electronic Media Evaluations
Checklist of Sources for E-Evidence
Desktop Info Form
Server Info Form
Identification of Key IT Personnel
Evidence Custody Form (records Chain of Custody)
Checklist for Electronic Database Management
Guidelines for E-Evidence Protocol (agreements between parties)
Nonwaiver of Privilege Agreement (safeguard of privacy)
What form is for the paralegal, with Qs for the company/location of the data in question?
The paralegal asks that the company's IT person be available to tour the facility. Be
prepared to walk around and view the structure and setup of the technical equipment in
person. Restructure the questionnaire so I can make extensive notes as I discuss the
checklist items. - ANSWER-Checklist to Define the Scope of E-Discovery
What form is for the client and is a solid jumping off point to get the ball rolling? It can be
sent to the client for response. Reform this document into a fill-in-the-blank
questionnaire for the client. - ANSWER-Preliminary E-Discovery Qs for Client
What form is for the forensic technician? It can be copied to the client. This form is given
to the forensic technician that the law firm hires to replicate the data in question. Do
NOT attempt the steps in this form without an expert! - ANSWER-Checklist for
Electronic Media Device Evaluation
What form is for the client and may also need to be given to a forensic technician? It
exposes all possible sources that could contain data relevant to the litigation. After this
form is complete, the forensic technician should be provided with the results. -
ANSWER-Checklist of Sources for E-Evidence
What form is for the forensic technician to evaluate any computer? Fill out the initial
parts of the form to act as an inventory for all company computers that need to be
replicated. But the majority of info will be filled out by the technician, with special
