Michael Sarich and Nicholas Wittenberg wrote an article on FOIA requests and eDiscovery, which is being published as a five-part series on eDiscovery Today. Parts one, two, three and four were published last week and this Monday, here’s part five of processing Freedom of Information Act (FOIA) requests and utilizing eDiscovery.
Collaboration
Collaboration is one thread that weaves through the fabric of both FOIA and eDiscovery processes. In FOIA, collaboration involves legal teams, IT experts, and subject matter specialists, each contributing unique expertise to ensure a comprehensive response. Likewise, the eDiscovery process necessitates seamless collaboration among legal professionals, IT specialists, and subject matter experts. This collaborative approach ensures that diverse perspectives are considered, enhancing the accuracy and completeness of legally defensible productions in both systems.
Key to collaboration is getting together and exchanging ideas that can include speaking sessions, CLE events, conferences, and other opportunities for professionals to identify challenges and find solutions for successful outcomes. These “laboratories of democracy” help ensure processes are constantly refined, ideas can be exchanged, and paths forward in improving eDiscovery and FOIA can be charted. This could include DOJ OIP’s training program on FOIA that includes utilization of technology. Another great organization that allows FOIA professionals to come together for advancement and training is the American Society of Access Professionals (ASAP) that provides several benefits, including networking and multiple conferences on FOIA that advance the process. ASAP also enjoys hosting a “Tech Talk” series. Furthermore, the Digital Government Institute hosts several conferences throughout the year on advancing the federal family in myriad of digital spaces. One recent conference even included a session that we both presented on titled eDiscovery / FOIA: Recent Developments & What Lies Ahead.
eDiscovery conferences are also a great way for professionals to keep in touch as well as an excellent way to stay ahead of the technological curve to gain insight on what is coming in the near future. As Nick stated in this article[1] about the 2023 Relativity conference: “Conferences like Relativity Fest aim to move the technology needle allowing for free-flowing discussions where challenges are identified, pros and cons are measured, ethical implications are debated, all to push for meaningful solutions that can address today’s challenges. The constant distilling of technological progress helps in the improved delivery of services to citizens and operations for the nation.” Furthermore, many eDiscovery conferences are primarily dominated by the private sector; however, there is a hope that as eDiscovery becomes more necessary and standard in the government there will be an uptick of attendees from the federal family. These conferences allow for private practitioners and professionals from the government to seamlessly interact, providing for a free flow of ideas on how to improve processes, which technologies are beneficial, what types of training will help offices excel and how AI will dramatically improve both FOIA and eDiscovery. They also provide these individuals a way to meet face to face as sometimes government professionals and private side practitioners engage in litigation. FOIA encourages communication with requestors and DOJ even notes: “agencies should ensure that their communication with requesters is prompt and helpful.” Similarly, the Federal Rules of Civil Procedure mandate that parties cooperate in discovery.[2]
Conclusion
The journey of processing Freedom of Information Act requests and documents in eDiscovery is marked by shared objectives, processes, and challenges. As technology continues to evolve, and the need for transparent, efficient information retrieval persists, the integration of advanced tools and legal expertise remains crucial. At the root of eDiscovery and FOIA is data. People are seeking the data they need to answer questions – whether it be to examine the workings of the government through FOIA requests or in eDiscovery typically involving a lawsuit where a party is seeking key information to make their case. Both FOIA and eDiscovery, in their parallel quests for truth and fairness, underscore the evolving landscape of information management in the digital age. The time is now for FOIA professionals to engage with their eDiscovery counterparts. Embracing and utilizing technology will help create more effective government operations as well as advance FOIA programs which ultimately will lead to more efficient and accurate processing of requests of information on the workings of government. Technology can truly “breathe life” into ensuring transparency in this great democratic experiment.
This paper has been published in five installments. Part 1 introduced the paper. Part 2 discussed the Objectives and Purpose for FOIA and eDiscovery. Parts 3, 4 and 5 will discuss Similarities in Processes with both FOIA and eDiscovery, with part 3 focusing on Identification and Collection, part 4 focusing on Technology Integration and this part (part 5) focusing on Collaboration and the paper’s conclusion.
Image created using Bing Image Creator Powered by DALL-E, using the term “robot working in a US government agency doing work at a computer”.
This work is not a federal publication and only reflects the personal views of Mr. Sarich and Mr. Wittenberg.
Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.
[1] This article, The Best of Relativity Fest 2023: Some of Our Favorite Commentary, highlights some attendees perspectives on Relativity 2023 conference.
[2] Fed. R. Civ. P. 26 (c), (f), (g); 37 (a) and (f).