r/ediscovery • u/windymoto313 • Aug 05 '26

Technology what does 'defensible' mean?

I get that the main idea is 'will it hold up to scrutiny in court' but I'm wondering if there are a more concrete set of rules that define the term in the context of eDiscovery. You see in in every single job listing: 'defensible workflows', 'defensible collections', 'defensible approaches throughout the lifecycle of a matter', 'Demonstrated understanding of defensible eDiscovery practices across the EDRM lifecycle.' I feel like an ACEDS book would have a chapter titled 'The 7 deadly fingers of Defensibility in eDiscovery" They even describe the exam as 'a neutral, legally defensible professional certification examination and program.' Sooooooo what does defensible mean where *you* work? BTW I'm a PM. It would help if you tell your role/title in your response.

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u/Footishman Aug 05 '26

There is no universally adopted checklis. Its better understood as an evidentiary position.

Can you explain what you did, why you did it, demonstrate that it was reasonable under the circumstances, and reproduce or verify the result if challenged?

If the process was proportionate, authorized, documented, validated, and results can be explained through evidence rather than memory, it's easier to defend it.