Paper and Electronic Discovery

In the realm of eDiscovery, the main difference between paper and electronic discovery is the format in which the documents are produced and reviewed. Paper discovery refers to traditional paper-based documents, while electronic discovery (eDiscovery) involves the collection and review of electronically stored information (ESI). This process involves locating and collecting relevant paper documents, organizing and reviewing them, and producing them to the opposing party or parties.

With paper discovery, documents must be physically located and transported to the review location, whereas eDiscovery allows for remote access to ESI from anywhere with an internet connection.

The first step in paper discovery is identifying the types of documents that are relevant to the case. This may include contracts, correspondence, invoices, and other types of paper records.

Once the relevant documents have been identified, they must be collected from various sources, such as file cabinets, boxes, and storage facilities. This may involve physically transporting the documents to a central location for review.

The collected documents must be reviewed to identify any privileged or confidential information, as well as any documents that are not relevant to the case.

After the review process is complete, the relevant documents must be produced to the opposing party or parties in the case. This may involve creating copies of the documents or allowing the opposing party to review them in person.

Once the documents have been produced, they must be stored securely to ensure that they are not lost or damaged.

Overall, paper discovery can be a time-consuming and labor-intensive process, especially in cases involving a large volume of documents. However, it can be an effective way to collect and review relevant information in cases where electronic records are not available or are not admissible in court.

Electronic documents are inherently more searchable than paper documents, as they can be indexed, searched, and filtered for specific keywords or phrases. This can save time and improve the accuracy of the discovery process.

ESI can be voluminous, and it is not uncommon for large cases to involve terabytes of data. This can make the review process more complex and time-consuming than traditional paper discovery.

While paper discovery may require fewer technological resources, it can be more costly due to the need for physical storage, transportation, and printing. Electronic discovery, on the other hand, may require more technological resources but can save costs in other areas, such as transportation and storage.

Paper documents can be vulnerable to damage, loss, or destruction, while electronic documents can be more easily preserved through backups and data recovery methods.

Overall, eDiscovery is becoming increasingly popular due to the prevalence of electronic information in modern businesses and organizations. However, both paper and electronic discovery methods may be appropriate depending on the specific needs and requirements of the case.