You should have it at "hello."

Kroll Ontrack has a solid monthly newsletter available just for the asking. A recent issue had an issue contains some helpful advice in an article entitled: "PRACTICE POINTS: TOP 10 DATA COLLECTION PITFALLS."

This kind of stuff is helpful, particularly for people who are new around the e-discovery table. Those of us who breathe this stuff every day know that mistakes made at the start can be very difficult (read: expensive) to fix later. I have listed the pointers below, but please remember that they are often the beginning of the analysis. It just depends what you are doing...

The ten pitfalls which Kroll warns us about are:

1. Failing to Have a Data Collection Plan. Having an initial data collection “plan of attack” is vital in every electronic discovery situation.
2. Failing to Prioritize the Data. Clearly defining the collection scope and priority of key players will avoid creating unnecessary delays and increased costs down the road.
3. Neglecting to Conduct Thorough Interviews. Counsel must make it a priority to thoroughly interview the IT team regarding the client’s IT systems.
4. Ignoring Key Data Locations & Important File Types. Often, it can be difficult to ascertain where electronic evidence is held.
5. Conducting Do-It-Yourself Data Collection. Many software products allow a client to collect data themselves. It's the fastest way to make your outside counsel to have a stroke 18 months later.
6. Performing Dangerous Desk-side Collection. See comments with #5. Oh, and re-read Philip Morris to see what happens when you allow individuals to pick and choose their documents.
7. Failing to Mirror Image v. Imaging Excessively. It's all a balancing act. You'll have to pay attention.
8. Limiting Names. When collecting data, consider alternative names. I have learned this the hard way.
9. Assuming IT Can Shoulder the Burden Alone. Kroll notes that IT does not always understand how to best handle data subject to legal discovery. I could not agree more.
10. Failing to Maintain Proper Chain of Custody. Proper documentation includes indicating where the media has
been, whose possession it has been in, and the reason for that possession. If you do this wrong, you might not be able to fix it.

Well, that's a good list. Of course, implementing these directives is not always easy.