exterro
“(As) Companies are looking to manage the cost of discovery more efficiently, Exterro’s offering is something that both corporate legal departments and outside firms will be interested in”

Vivian Tero
- IDC senior research analyst
Legal Hold and ESI Assessment


Legal Hold and Discovery Process Framework

1. Do you have a written policy for document destruction and retention? :

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


2. Is your legal hold process integrated with your discovery process?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


3. Do you have at-a-glance, end-to-end view of discovery activities from legal hold, collection, processing, and review through production at the custodian level? :

None Yes, already in place Identified the need and yet to start
Work-in-progress


4. Do you have complete visibility into your End-to-End Discovery Processes from Preservation, Collection, Review through Production?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No



Technology Framework

1. Do you have a technology framework in place to measure reviewer efficiency on a daily basis across multiple review platforms?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


2. Are your matter management system, billing system, legal hold system, and review platform silos or are they integrated to provide you with one common view?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


3. As your discovery response matures, can your technology framework accommodate new procedures and processes?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


4. Do you have a Data Map of your Enterprise, which is being refreshed on a continuous basis?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No




Collaboration Framework

1. How long does it take for you to determine which custodians haven’t acknowledged receipt of your hold notice?:

1-5 Minutes 1 Hour 1 Day
That's a project


2. Are your reporting and tracking procedures vulnerable to data entry errors?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


3. Do you have a mechanism to track the issues reported by your service providers, and the responses to these issues?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


4. Can your legal team members access any custodian’s interview responses quickly and easily? :

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


5. Do you have a mechanism to enforce standards across legal team members; across offices and across locations?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No




Defensibility Framework

1. Can you quickly and thoroughly demonstrate the culling parameters used for defining the scope of every collection project?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


2. Can you track the exact movements of the affected individuals who could be relevant in several matters? (e.g) employment termination, change in departments or the addition of new employees who could be relevant in the case ?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


3. Can you confidently identify all potential data sources, custodial and non-custodial?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


4. Do you track all issues that arise during a discovery project, including how the issues were resolved?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


5. Do you maintain defensible chain-of-custody records for every data source?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


6. Do you have an audit trail of user activities?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


7. Do you have a routine, defensible system that would more than likely cover your company under the FRCP’s Safe Harbor Provision?:

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No



Controls Framework

1. Do you have a mathematical model to estimate case costs at the onset of litigation?

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


2. Do you have a mechanism to compare actual case costs against estimates and account for variance?

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


3. Do you know how much you are spending in E-Discovery and can you quickly assess the cost of E-Discovery for a new case?

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


4. Do you have cross matter visibility into affected individuals on their preservations, collections and productions and who did what? (Yes/No/Work in Progress)

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


5. Do you have a mechanism to retrieve the prior collection history of custodians, and already collected and readily available collection sets, to avoid over-collection?

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No


6. Do you have a real-time snapshot of custodian lists and data sources to accurately scope all relevant people, systems and data stewards?

None Yes, already in place Identified the need and yet to start
Work-in-progress
 No



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Fusion Datasheet
A Guide to Legal Hold Management