The Importance of Keyword Selection in E-Discovery

Abstract

The selection of keywords to be used for searching large volumes of electronically stored information (ESI) is an unavoidable step in the process of e-discovery. Selection can occur by agreement of the parties or by order of the court. An alternative is to involve a mediator, neutral or special master with a thorough understanding of the legal elements of the case, the procedural aspects of e-discovery, and, most importantly, the information technology systems that will be subject to keyword search. This alternative benefits all parties as well as the court because the parties maintain control over the keyword selection process and a mediator can expedite an agreement.