Use Proportionality Before You Search
Apply proportionality factors before collecting or reviewing ESI.
The best time to control discovery cost is before collection begins. Proportionality asks whether the discovery is worth its burden in this matter, for this issue, with these alternatives available. It is not a permission slip to hide evidence. It is a requirement to connect the scope to claims, defenses, access, importance, resources, and expected value. Plan Translate the request into an issue hypothesis. Name the question the evidence should answer, then propose custodians, systems, date limits, and data types that could answer it. Do Run a small test before a large pull: hit counts, sample searches, repository interviews, or…
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