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In 2006, amendments were made to the Federal Rules of Civil Procedure (FRCP) with the aim of making the eDiscovery process transparent, credible, and easily manageable for courts and litigators alike. And in order to ensure that every enterprise and organization implements effective electronically stored information management policies, strict rules were laid down. Per these rules, those enterprises that failed to retain electronically stored information that is seven years old had to face stringent sanctions in the form of heavy fines, cancelled licenses, business closure, legal liabilities, and jail terms. Thus, the entire focus of enterprises and organizations had been on preserving and retaining electronic data to evade penalties for spoliation. This single-focused approach has resulted in companies losing focus on other aspects of electronic discovery, for instance early case assessment, that are equally important.

Early Case Assessment
Early Case Assessment (ECA) is the process of estimating risk in terms of both time and money when prosecuting or defending a legal case. Early case assessment refers to the first analysis of electronically stored information in advance of the formal, detailed review and analysis.

Benefits of Performing Early Case Assessment
As the number of enterprises has grown, competition has become tighter, making legal discovery and eDisclosure requests a routine affair. Often times, enterprises and organizations spend a considerable amount of their time and money on cases only to settle later on. That’s where the process of performing early case assessment becomes useful. Let’s look at some of the significant benefits of performing early case assessment:

·         Make Sound and Timely Decisions
Early case assessment helps in making appropriate decisions regarding a case, i.e. whether to fight the case or settle it.
·         Risk Evaluation
Early assessment of a case helps in evaluating the amount of risk involved in fighting the case.
·         Formulate Case Budget
Early case assessment helps considerably in formulating the case budget. It aids in estimating the amount of money that needs to be invested for the review effort.
·         Devise an Effective Strategy
Assessment of the case early on helps in deciding upon the tactics to be employed in winning or settling the case.
·         Cull Down Electronic Data
Evaluation of the case helps in identifying relevant electronically stored information thereby culling down the volume of electronic data before the review.
·         Amicable Resolution
Evaluating the case early throws open the door for amicable resolution of cases prior to trial.
·         Reduced Litigation Costs
Early case assessment reduces litigation costs in two ways. First, if the case can actually be settled before trial then it saves millions of dollars that would have gone into fighting the case in court. Second, identification of important electronically stored information early on reduces the volume of electronic data to be reviewed thereby slashing reviewing costs.

Considering the numerous benefits of conducting early case management, organizations and enterprises must not fail to include early case management as part of their eDiscovery process.