Ediscovery Tool for Paralegals


As a litigation paralegal, part of your case management duties may include getting the attorney ready for the Rule 26 Conference (the “Meet and Confer”).  This ediscovery process checklist will help you get the attorney organized and ready for this important case deadline.


1. Preservation

  • The dates for any ESI to be preserved.
  • The names and/or job titles or descriptions of custodians for whom ESI will be preserved.
  • The number of custodians for whom ESI will be preserved.
  • The list of systems that contain ESI (not associated with individual custodians) that will be preserved, such as network databases.
  • The description of data from sources that are not easily accessible and that will not be reviewed for responsiveness, but that will be preserved.
  • The description of data from sources that the party believes contains relevant information, but the party has determined it should not be preserved under proportionality factors.
  • Whether there will be a stop to any document destruction program.
  • Any disputes related to scope or manner of preservation.

2.  General System Information

  • Description of systems in which potentially discoverable information is stored.
  • Location of systems in which potentially discoverable information is stored.
  • How potentially discoverable information is stored.
  • Identification of systems from which discovery will be prioritized (e.g., finance, HR, emails).
  • How discoverable information can be collected from systems and media in which it is stored. 

3.  Proportionality and Costs

  • The amount and nature of the claims being made by either party.
  • The nature and scope of burdens associated with the proposed preservation and discovery of ESI.
  • Costs that the parties will share to reduce the overall discovery expenses, such as the use of common electronic discovery vendor or shared document repository system.
  • Limits on the scope of preservation and other cost-saving measures. 

4.  Search, Filters and Other Data Reduction Methods

  • The search method(s) that will be used to identify discoverable ESI and filter out ESI that is not subject to discovery.  Must include specific words, phrases, dates or other methodology.
  • The quality control method(s) that will be used to evaluate whether a production is missing relevant ESI or contains substantial amounts of irrelevant ESI.
  • Whether it is appropriate to conduct discovery of ESI in phases.

5.  Production

  • If phasing production, the description of the content each phase. (e.g., custodians, time periods). 
  • The formats in which structured ESI (collaboration sites, databases, etc.) will be produced.
  • The formats in which unstructured ESI (email, word processing, presentations, etc.) will be produced.
  • The extent to which metadata will be produced, and if produced, which fields.
  • How the production of privileged or work product protected information will be handled.
  • Whether the parties can agree upon alternative ways to identify documents withheld to reduce the burden on the parties.
  • Whether the parties will enter into an agreement on inadvertent production.

Why EVERY Litigation Paralegal Should be a MASTER in eDiscovery

Gaining eDiscovery skills is essential to a successful litigation paralegal career. This FREE Workshop will give you a 3-step plan for accelerating your career and show you how learning eDiscovery skills will open more doors for higher income potential and more job opportunities.

Now Available On-Demand!


We provide ediscovery training specifically focused on how a litigation paralegal can have a huge impact on managing all of the phases of ediscovery projects.  Learn more about the E-discovery Paralegal Boot Camp.

Ediscovery Tools included in our Ediscovery Training Course

Access to the online course includes downloads and checklists delivered in Word and Excel format so that you can use them to help you manage your ediscovery projects and make sure nothing slips through the cracks.

ediscovery tools
  • Ediscovery Standard Operating Procedures
  • Ediscovery Collection Checklists
  • Custodian Interview Questionnaires
  • Processing Checklist
  • Ediscovery Review Project Notebook
  • Production Checklist
  • Sample Privilege Log
  • Vendor Comparison Chart
  • Production Best Practices

Learn more about our Ediscovery Training



  • Daniel Manoff February 12, 2022 at 2:22 pm Reply

    I am interested in taking your course

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