XDD Practice Guide: Conducting Effective Custodian Interviews
By: Matthew Verga, JD
Custodian interviews for eDiscovery projects are not part of the typical law school curriculum, but they have become an essential skill for attorneys and other eDiscovery practitioners. As the first opportunity in an eDiscovery project to lift up the rock far enough for a peek at what’s underneath, custodian interviews are a vital and valuable data gathering step.
WHAT THEY ARE
For any practitioners new to this concept, custodian interviews are interviews conducted with individuals within an organization who are identified as potentially being custodians of data or documents relevant to a legal matter and, therefore, requiring preservation and collection. The purpose of the interviews is to gather information about any such materials, which can be used to plan next steps and subsequent discovery activities. Such interviews may be conducted in a variety of ways and by a variety of individuals, which we will discuss later in this guide.
WHY THEY MATTER
When done effectively, custodian interviews can yield an assortment of benefits. First, they act as a safety net for your preservation efforts. Second, they gather valuable information for project planning. Third, they help you control the flow of information within the organization. . . .
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