In the fast-paced world of litigation, managing vast amounts of electronic information can feel overwhelming. Yet, understanding the eDiscovery Reference Model (EDRM) remains a cornerstone for legal teams seeking clarity, efficiency, and defensibility in their workflows. While technology continues to evolve, the principles underlying the EDRM—and the structure it provides to the eDiscovery process—remain as relevant today as ever.
Breaking Down the EDRM
At its core, the EDRM is a framework designed to guide legal teams through the complex lifecycle of electronic discovery. First introduced in 2005, the EDRM maps out the typical stages of the eDiscovery process, from information creation to its ultimate use in litigation. By providing a standardized roadmap, it helps law firms and corporate legal departments anticipate challenges, manage costs, and maintain defensibility across the litigation lifecycle.
The model consists of several interconnected stages:
1. Information Governance – Proactively managing data to ensure it is organized, secure, and accessible when needed. Effective governance reduces unnecessary data collection and preserves relevant information while adhering to compliance policies to maintain specific business records.
2. Identification – Locating potentially relevant data sources and electronically stored information (ESI) across multiple repositories. This stage sets the foundation for a focused and defensible discovery effort.
3. Preservation – Protecting identified data from alteration or deletion. Preservation orders and defensible legal holds are critical for maintaining integrity throughout litigation.
4. Collection – Gathering relevant ESI in a way that maintains chain of custody and metadata. Collection strategies often involve a mix of manual and automated processes to ensure completeness and efficiency.
5. Processing – Extracting data from collection containers in order to prepare it for review and reducing data volumes through de-duplication, indexing, and format standardization. This stage ensures data completeness and prepares data for effective analysis.
6. Review – Examining documents for relevance, confidentiality, privilege and privacy. Many teams leverage technology-assisted review (TAR) and advanced analytics to streamline this labor-intensive stage.
7. Analysis – Interpreting patterns, trends, and relationships within the data to build a compelling case strategy. This is where insights gleaned from ESI can have a significant impact on litigation outcomes.
8. Production – Delivering relevant documents and privilege logs in a standardized, court-acceptable format. Accuracy and completeness are key to avoiding sanctions or disputes.
9. Presentation – Using the produced data to support case arguments, whether in deposition, mediation, or trial. Clear, defensible presentation of information can influence outcomes and strengthen credibility.
Why the EDRM Still Matters
Some may argue that new technologies and AI tools make the EDRM outdated. In reality, the model’s value lies not in rigid adherence, but in its ability to provide structure and transparency. Legal teams across law firms and corporate legal departments still rely on the EDRM to:
- Build defensible workflows – A consistent framework ensures that every step of the eDiscovery process is properly documented and repeatable.
- Reduce risk – Following EDRM principles minimizes the likelihood of spoliation, missed data sources, or compliance issues.
- Optimize resources – By identifying where technology can augment human effort, teams can streamline operations and lower costs without sacrificing quality.
- Align cross-functional teams – From attorneys and paralegals to IT professionals and records managers, the EDRM provides a common language that enhances collaboration.
Applying the EDRM to Your Workflow
Understanding the EDRM is only the first step. The true advantage comes when legal teams integrate its principles into practical workflows. For midsized and large law firms, this might mean:
- Implementing automated alerts and escalations for legal holds.
- Leveraging analytics and AI to triage documents during review.
- Standardizing production formats to reduce manual intervention.
Corporate legal departments can apply similar strategies to gain control over internal litigation matters, while small firms can benefit from adopting simplified EDRM-based checklists to ensure nothing is overlooked.
At Array, we help legal teams translate the EDRM into actionable processes that fit the scale and complexity of their cases. From managing ESI across multiple platforms to executing large-scale document reviews, we provide the infrastructure, expertise, and technology to keep cases on track throughout the litigation lifecycle.
Final Thoughts
The EDRM is more than a theoretical model. It is a practical guide that informs every stage of the eDiscovery process. By demystifying its stages and integrating its principles into day-to-day workflows, legal teams can improve efficiency, reduce risk, and maintain defensibility. Whether you are managing a complex litigation matter or streamlining internal processes, understanding how the EDRM works, and why it still matters, is essential for modern legal practice.
