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Glossary of eDiscovery Terms

Review Strategic Legal’s list of commonly used eDiscovery, forensics and legal terms.

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Best Practices

Stay up-to-date with insights gleaned through our years of training and experience.

Know your expectations. If your expected document return rate and your actual return rate are skewed there may be an issue with one of the terms.
Sample the proposed search terms before agreeing with the opposing party.
When searching, any search term less than three (3) characters may result in a lot of false positives. Some indexing tools do not index words under three characters.
Be aware of “noise word” lists that are being used during the indexing. Most search tools don’t index common words like “and” or “to” or “of”. Noise word lists can be customized.
Many characters are traditionally indexed as spaces (e.g. [email protected]#$&’()*+,./:;<=>?[\5c]^`{|}~). This means that [email protected] is indexed as three separate terms: “discovery” “strategic” and “com”. The [email protected] and the “ .” are considered spaces. 1,000 is two separate items in the index; (1) and (000). If terms are not quoted properly, the result may be skewed.
When searching names, use the “w/2” proximity search between the first and last names. (Jay w/2 Horowitz) will pull back Jay Horowitz; Horowitz, Jay; Jay K. Horowitz; Horowitz, Jay K.
Suggest expanding first names with known nicknames. (e.g. Rob, Robert, Bob, Bobby, Robbi) You will need to gather any special nicknames from the customer.
Suggest domain names for potentially privileged queries. The term (“”) for example would pick up all email addresses from that domain. This works well to identify communication with outside counsel. (Note the @ is treated like a space so you don’t need an * at the beginning of the domain name.)
Use encrypted drives or encrypted container when shipping data (Truecrypt, Apricorn). You never know when a package may be lost or intercepted.
Use write blocker when connecting. Keep the hard drive pristine.
Use a software that will report and bypass errors.
Track docs, folders and size.
Calculate and check crc checksum values.
Make sure the syncing software accounts for different encoding and operating systems.
Always keep an original encrypted copy.
Determine filetype and encryption method.
For brute force attacks obtain as much info about the password as possible.
Check doc and pages counts.
Check delimiters.
Check encoding.

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