The purpose of EDBP is to provide a model of best practices for use by law firms and corporate law departments. EDBP is designed to be an educational resource for all lawyers striving to stay current with the latest thinking on excellence in legal services in electronic discovery law.
EDBP does not address minimum standards for legal services. To the contrary, EDBP is aspirational and goal-oriented. It is a lawyer-centric e-discovery reference that embodies an evolving understanding of excellence in legal services. The best practices described here are far different and more challenging than minimum standards for legal competence. Moreover, even these goals for best practices are always subject to proportionality constraints. In litigation, one size does not fit all. What is a best practice for one size or type of case might be needless over-kill for another.
EDBP also does not address best-practices in the vendor community, nor standards for vendors. EDBP is meant to complement the fine work done by EDRM, whose familiar nine-step model was an inspiration for the EDBP model, but the scope and purpose of EDBP is different. The EDBP does not attempt to cover all activities that go on in a project, only the legal service components. EDBP is limited to legal services. It intentionally excludes the vendor work featured in the EDRM. The vendor work is an important part of an e-discovery team, but it is fundamentally different from what the lawyers on a team do. The activities of all vendors and consultants are necessarily not legal services. Vendors are never permitted to practice law, nor provide legal advice of any kind. The EDBP chart will focus solely on legal practice and legal services. It is by and for lawyers only and the paralegals who assist their legal services.
DISCLAIMER. Electronic Discovery Best Practices and all information hereon is an educational resource designed for use by practicing attorneys only. It is certainly not legal advice and should not be relied upon as such. For a more detailed disclaimer please see here. The opinions expressed here are for educational purposes only, and are solely those of Ralph Losey, not his law firm, clients, nor anyone else. Even his opinions are completely fact dependent and subject to revisions according to facts presented, procedural posture and governing laws.