Sampling Information for eDiscovery
February 25, 2011
One way to manage data is to use sampling. Clearwell Solutions has an article discussing the uses and mathematical principles behind the art of sampling: “How Do You Sample Electronically Stored Information (ESI) in E-Discovery?” The article mentions useful sources to understand sampling and how it is being used in the eDiscovery field. It first mentions the Electronic Discovery Search Group and its EDRM Search Guide, which offers a general glimpse of eDiscovery and its importance for attorneys. The Sedona Conference’s, Working Group Commentary has an article: Achieving Quality in the E-Discovery Process that will delve further sampling, applications, purposes, and court case examples when it was used. It also explains how eDiscovery teams can shift sampling responsibilities to the requesting party. That might not be a good thing.
The Sedona Conference Paper mentions that this type of sampling is called “judgmental sampling” and statistical sampling. A key point was:
“…Wherein the practitioner has a general sense of which of the several custodians and date range is most likely to offer the greatest yield. As judgmental sampling becomes more widely adopted as a way of controlling costs, electronic discovery sampling can embrace the benefits of statistical sampling as well. One area where statistical sampling has an advantage is that quantifiable measures of error and confidence intervals are possible, while judgmental sampling has no such formal measurement.”
Sampling is good way to go to process unstructured e-mail data, but what will you do when the info you need isn’t in the sample? It should be used to achieve a general understanding of data, but not all the details.
Whitney Grace, February 25, 2011
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