Requests of this sort can become very expensive, particularly because electronically stored information (“ESI”) is usually requested.

Effective communication between employees, outside counsel and discovery vendors will ensure cost overruns are avoided when responding to a document request while also ensuring that value is extracted from the project itself. 
 

1. Litigation Readiness 
    

Effective training and standard policies ensure that employees are not caught off guard when a company finds itself the target of a document request.  
Employees should understand whether they can use personal devices for business.  They should also understand how the length of time emails are typically stored on company servers, whether text or instant messaging applications are allowed, and the consequences of using  various technologies.

A rudimentary understanding of the discovery process is also helpful.  Educated employees lead to more effective document collection strategies. Ensure employees understand the consequences of how they communicate and store data.
Employees should also be coached on how best to provide relevant information to counsel, as they may assist in the defense or prosecution of the case and have knowledge that will assist in a more streamlined discovery project.
 

2. Issuance of Litigation Hold  

At the start of most discovery projects a litigation hold will be issued. A litigation hold ensures that employees who may have knowledge or documents relevant to the request are apprised of their preservation obligations.  
This is a good opportunity to get employees comfortable with the idea that their documents may be collected, that they may be questioned by counsel, and that their time may be encroached upon.  
It is also a good time to discuss privacy concerns regarding any personal information that may be intermixed with company records.
 

3. Jurisdictional Knowledge
    

Outside counsel should explain what is expected of parties in the specific jurisdiction.  There may be local rules or guidelines that cover the acceptable form of document production, the typical data types that are subject to document production, and whether a model ESI order is in place.

Other considerations include whether there are stringent rules regarding collection of documents and how the court views non-parties versus parties when assessing burdens and responsibilities.
Answering these questions will impact when and which vendors are hired, how document collection strategies are developed, and how analysis of documents will proceed.
 

4. Custodian Interviews
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It is important to conduct custodian interviews when identifying relevant documents.  While preparing custodians with a questionnaire prior to the interviews is helpful, speaking with individuals is often essential.  
These interviews also can help identify pain points early on, which may include usage of devices that are not under control of the company, forms of communications that are not approved by the business, potentially relevant data that is no