A primer on cyber evidence and its use in litigation.

TITLE: Essentials of Electronic Discovery: Finding and Using Cyber Evidence AUTHORS: Joan Feldman ISBN: 1-888075-09-0 PUBLISHER: Glosser LegalWorks PUBLICATION DATE: 2003 LENGTH: 278 pages PRICE: $195 U.S. SOURCE: www.legalwks.com

These days, most large commercial and governmental organizations are faced with the prospect of discovery of their electronic records as part of a lawsuit, regulatory investigation, or other legal process. Organizations rightly fear such a possibility--electronic records discovery can be a painful and expensive process. Much of it appears to be an arcane business, solely the province of forensic computer experts who probe and recover data in ways that are unknowable to the layman.

One of those forensic experts--and a prominent one at that--has come forward to de-mystify the electronic discovery process. Joan Feldman's Essentials of Electronic Discovery is a 12-chapter, loose-leaf publication covering all the parts and processes involved in electronic discovery.

For serious IT sorts or those who have gone through electronic discovery in the past, much of this publication may not be suitable. A large part of it is elementary, covering basic principles of computer systems, the nuts and bolts of the discovery process, and similar matters. It includes such topics as "What is a Computer System" "Why Ask for E-mail," "What is a Database" and similar matters that may strike the IT professional as too simple to require much reiteration. Legal issues are covered in a similarly broad and non-complex fashion, so again, information managers with litigation experience may find that they are already familiar with the ground covered.

For those new to this whole area who do not have a strong technical or legal background, this publication offers a quick and easy read, covering all the essentials and providing enough background to move forward in this most vexing of records and information management topics. If you need to get up to speed on the whole process in a hurry, this publication may suit your needs well.

Other parts of the publication may well be of interest to everyone, regardless of technical expertise or background. Feldman is a well-known expert in forensic computer discovery, and much of this publication outlines the steps in the forensic process. Even if readers are familiar with this process, they may discover things that they have not considered. At the least, her discussion of process serves as a checklist provided by a knowledgeable expert (and also a potential opponent) against which your own efforts and processes can be compared. In this regard, Feldman provides a series of appendices containing checklists, sample discovery plans, and similar items that may aid the information manager significantly in developing a rational response plan to discovery demands.

Also of considerable interest are samples of legal material such as deposition notices, deposition questions, declarations, and similar material related to electronic records. Few people are more familiar with this topic than Feldman, so for an organization planning electronic discovery of an opponent, this material may be invaluable.

In discovery, lawyers get only what they specifically ask for, so knowing the right questions to ask can make all the difference in the world. People on the other end who anticipate someone seeking electronic discovery on their firms will read this material in anticipating an opponent's questions and issues. Again, avoiding the elements of surprise and unpreparedness can potentially mean the difference between success and failure.

In total, this publication contains a little something for everyone. For novices, the introductory material may be just right, even if the legal materials at the end are a bit too advanced. The experienced may skip the introductory material but may well find that the more advanced material is just what is needed--and from just the right source--to improve electronic discovery strategy. At $195, the publication is not inexpensive, but for those facing electronic discovery issues, that is a very small drop in the ocean.

John C. Montana, J.D., is a records management and legal consultant and principal of Cunningham and Montana. He may be contacted at [e-mail].