Extract from eDiscovery Assistant's article "Beware of the Perils of Allowing Self-Collection"
Self-collection is a concept that makes ediscovery professionals shiver. ESI is hard — how to identify sources where responsive information lives, and how to craft search terms or other filters to pull data for review and production are complex and not for the faint of heart. Bad decisions can undermine your entire case. And letting your clients do it means they 1) don’t have the knowledge and experience to do it right, and 2) they can choose what to provide and potentially leave out responsive information. Add in heightened requirements from the FRCP for lawyers signing off that all responsive information has been produced, and you have a recipe for disaster.
The latest ruling from Judge Matthewman in the Southern District of Florida is a sharp reminder of the perils of allowing your client to decide what ESI should be collected in discovery. If you don’t know Judge Matthewman, you should. He’s a regular at the University of Florida eDiscovery Conference and one of the most thoughtful judges on the bench on ediscovery issues.
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