Electronic Discovery: A Do-It-Yourself Solution for Searching .pst Files

There was a good article today at Law.com: "Do-It-Yourself E-Discovery," by Craig Ball. It began with this compelling lead:

Recently, a Texas firm received a dozen Microsoft Outlook .pst files from a client. Like the dog that caught the car, they weren't sure what to do next. Even out on the prairie, they'd heard of online hosting and e-mail analytics, but worried about the cost. They wondered: Did they really need an e-discovery vendor? Couldn't they just do it themselves?

As a computer forensic examiner, I blanch at the thought of lawyers harvesting data and processing e-mail in native formats.

"Guard the chain of custody," I want to warn. "Don't mess up the metadata! Leave this stuff to the experts!"

But the trial lawyer in me wonders how a solo/small firm practitioner in a run-of-the-mill case is supposed to tell a client, "Sorry, the courts are closed to you because you can't afford e-discovery experts."

In the rest of the article, Ball explores do-it-yourself options for searching .pst files. In the end, Ball settles on dtSearch, the search program I happen to use to index and search the work product--briefs, motions, letters, etc.--that I have on my computer. I've used dtSearch for a number of years and agree its a great solution, although I've never used it as a tool for electronic discovery.

I'm looking forward to Ball's next "Do-It-Yourself-E-Discovery" article. It's a concept that would make a great series.

Comments

[Elliott Wilcox]

FYI, at least one other state has said that mining metadata is "unprofessional." The Florida Bar wants to regulations that would subject any lawyer to discipline for mining metadata from opposing counsel's documents.

Not sure if other states will follow in Florida's footsteps or not, but thought you'd be interested.

Best wishes for courtroom success,
-Elliott

http://www.floridabar.org/tfb/TFBETOpin.nsf/basic+view/0A1B5E3A86DF495A8525714E005DD6FD?OpenDocument

Elliott Wilcox publishes Trial Tips Newsletter, a free weekly e-zine for trial lawyers that reveals simple, proven, and persuasive techniques to help you win more trials, guaranteed. Sign up today for your free trial advocacy tips at www.TrialTheater.com.

[Evan]

I wrote about the Florida Bar's actions here.