Start with the issues
Scope flows from the issues in the matter. What are the relevant questions, and which people, systems and time periods are likely to hold relevant data? Answering this first keeps the exercise anchored to what matters rather than to what is merely available.
Identify custodians and data sources
From the issues, identify the relevant custodians and the data sources they use — devices, mailboxes, collaboration platforms, cloud accounts and shared storage. Mapping these early prevents both over-collection and missed sources, and informs a realistic plan and cost estimate.
Set date ranges and a proportionate plan
Relevant date ranges narrow the exercise further. With custodians, sources and dates defined, a collection plan can be agreed that is proportionate to the matter — targeted enough to be efficient, complete enough to be defensible. Scope can be revisited as the matter develops, with each change recorded.
Key takeaways
- Scope flows from the issues in the matter, not from what is available.
- Identify relevant custodians and their data sources early.
- Date ranges keep the exercise focused and proportionate.
- Scope can evolve, with each change recorded.
Frequently asked questions
Can scope change once collection starts?
Yes. Scope can be revisited as the matter develops. Changes should be recorded so the approach stays explainable.
How do we avoid over-collecting?
By anchoring scope to the issues, custodians and relevant date ranges rather than collecting everything available.
Who should be involved in scoping?
The legal team and the eDiscovery provider together, so legal relevance and technical reality are both reflected.
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