Capture Critical Information to Build a Strong Case
The Lexbe Professional Services Team is skilled in assisting with custodian interviews in order to establish the foundation for a strong case and effective discovery. The custodian interview process is critical for issuing litigation holds, preserving data, identifying other custodians, and data repositories needed for forensic collection.
Prior to conducting the interviews, the organization, counsel and the IT and/or eDiscovery specialist should confer to prepare a list of individuals to interview. Key Custodians – Key custodians are individuals who may be called as a witness due to their direct involvement in and knowledge of the events related to the case. These custodians should receive litigation hold notices early to ensure preservation of data, and should be asked about others within the organization who may also need to be interviewed. Departmental Custodians – These custodians are responsible for materials specific to a department within the organization, and have direct access to materials and systems which hold relevant information. This can include employee files, customer records, invoices and other related file materials, as well as access to the storage systems, databases, software, contractors or programs that manage the data. Representative Custodians – Large organizations may identify one or more custodians for data collection to act as a representative sampling of a department or large group within the organization, as opposed to interviewing and collecting data from all members of the group/department. This can minimize the time and costs associated with interview and collection efforts while still providing representative data for the case.
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Custodian Interview Preparation is Essential
At Lexbe, our Professional Services Team has a rigorous process for ensuring that custodian interviews are successful. This not only means identifying relevant data and locations to facilitate preservation, but also helping to minimize the time and costs associated with interview and collection efforts. Depending on the quality and character of the custodians, the interview method will vary from conversational to formal, in order to optimize the results. Our Professional Services Team will work with you to prepare a list of questions to be asked during the interviews. The questions will be crafted to help identify the following:
The Lexbe Team will Tailor the Process and Best Practices for Your Case
In assisting you with the custodian interview process, the Lexbe professional services team will customize the approach in order to achieve the best outcomes. This includes:
- Preparing a list of specific questions in advance of the interview, and reviewing those questions with the custodian prior to the interview.
- Identifying the key issues in the case and tailoring the interview questions to elicit information relevant to those issues.
- Identifying any potential document or information production issues that may arise during the interview, and discussing those issues with the custodian.
- Identifying any potential privilege or work product issues that may arise during the interview, and discussing those issues with the custodian.
- Identifying any potential issues with the custodian’s availability or willingness to participate in the interview, and discussing those issues with the custodian.
- Identifying any potential language or communication issues that may arise during the interview, and making appropriate arrangements to address those issues.
- Identifying any potential issues with the location or timing of the interview, and making appropriate arrangements to address those issues.
- Identifying any potential issues with the format of the interview, and making appropriate arrangements to address those issues.
- Identifying any potential issues with the use or presentation of evidence during the interview, and making appropriate arrangements to address those issues.
- Following up after the interview with any necessary documents, information or clarification that may be required by the court or the other parties.
Get a Complimentary Consult
If you have an upcoming matter or have questions about custodian interviews, then drop us a line. We’d be happy to schedule a complimentary call and discuss the matter with you and answer any questions that you have.