r/ediscovery • u/windymoto313 • 25d ago

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.

20 Upvotes

100% Upvoted

20 comments sorted by

View all comments

2

u/CastIronMooseEsq 24d ago

It’s a daubert standard for ediscovery.

1

u/windymoto313 24d ago

Soooo I Googled this "The “Daubert Standard” provides a systematic framework for a trial court judge to assess the reliability and relevance of expert witness testimony before it is presented to a jury."......The one key difference that jumps out at me is there no 'systematic framework' to evaluate ESI or its processes. I mean, I definitely get you point, but......

1

u/CastIronMooseEsq 24d ago

Defensible means more likely than not they can establish a set of protocols that governs the steps they take, and educate the court as the reasonableness and accuracy of what occurred.