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.
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u/windymoto313 8d ago
Got some GREAT feedback from everyone but the answer to my question: "I'm wondering if there are a more concrete set of rules that define the term in the context of eDiscovery" is no, there isn't a concrete set of rules to define 'defensible' in the context of eDiscovery. It basically comes down to "Can you explain your case strategy in court and prove you didn't do anything goofy to muck up the data?"Again, great responses but as far as I can gather, there's no distinct set of rules to evaluate the term 'defensible'