The Electronic Discovery Reference Model (EDRM)

The Electronic Discovery Reference Model (EDRM) is a conceptual framework that outlines the stages involved in the discovery and management of electronic data during the litigation process. The EDRM was developed by a consortium of industry experts, including lawyers, judges, and technology professionals.

The EDRM consists of nine stages, which are:

1. Information management: This stage involves the organisation and management of data before litigation occurs. This includes identifying relevant data sources, establishing retention policies, and implementing procedures for data backup and archiving.
2. Identification: In this stage, the parties involved in litigation identify potentially relevant electronic information. This may involve identifying specific custodians or sources of data, such as email accounts or file servers.
3. Preservation: Once potentially relevant data has been identified, it must be preserved in a way that prevents deletion, alteration, or loss. This may involve issuing legal holds, which require custodians to preserve relevant data and refrain from deleting or altering it.
4. Collection: In this stage, relevant electronic data is collected from various sources. This may involve copying data from hard drives, mobile devices, and other electronic storage devices.
5. Processing: Once data has been collected, it must be processed to prepare it for review. This may involve extracting metadata, removing duplicates, and converting data into a format that can be easily reviewed.
6. Review: This stage involves reviewing the processed data to identify potentially relevant information. This may involve manual or automated review processes, such as keyword searches, concept clustering, or predictive coding.
7. Analysis: Once potentially relevant data has been identified, it must be analysed to determine its relevance and significance. This may involve categorising data, identifying patterns, and assessing the credibility of the data.
8. Production: Once relevant data has been analysed, it must be produced to the other party. This may involve providing data in a specific format or using a secure file-sharing system to ensure confidentiality.
9. Presentation: Finally, relevant electronic data must be presented in court or other legal proceedings. This may involve presenting data in the form of charts, graphs, or other visual aids to help make complex data more understandable.

Overall, the EDRM provides a structured approach to the discovery and management of electronic data during litigation. By following the EDRM framework, parties can ensure that relevant data is identified, preserved, collected, and presented in a manner that is consistent with legal requirements and best practices.