The Identification Stage of the EDRM: Building the Foundation of eDiscovery

When it comes to the Electronic Discovery Reference Model (EDRM), every stage matters, but Identification is where the real foundation is set. Before collection, processing, review, and production can take place, a legal team has to know what data exists, where it lives, and how it may relate to the issues in dispute.

This is the essence of the Identification stage: finding relevant information sources that will shape the entire discovery process.

What Is the Identification Stage?

Identification is the second step of the EDRM (after Information Governance). At this stage, legal and technical teams work together to:

• Locate data sources that may hold potentially relevant information.
• Preserve awareness of scope—avoiding unnecessary over-collection while ensuring no critical evidence is missed.
• Document findings for defensibility in later proceedings.

Think of Identification as the map-making process before a major expedition. Without it, you’re exploring blind.

Key Activities in Identification

1. Scoping Data Sources
   Teams begin by surveying the landscape: company email servers, shared drives, cloud storage, collaboration platforms like Slack or Teams, mobile devices, social media accounts, and even physical devices. The goal is to understand where relevant information may reside.
2. Custodian Interviews
   Speaking directly with employees, IT staff, or business stakeholders provides context. Custodians often know where data is stored and which systems they actually use day-to-day—insights that technical reports alone may miss.
3. Defining Relevance
   Legal teams must align data identification with the specific issues at stake in the case. That might mean narrowing focus to a date range, subject matter, or particular custodians.
4. Creating a Data Map
   A structured record of identified systems, custodians, and data types ensures transparency and defensibility. This data map often becomes the reference point throughout the matter.

Why Identification Matters

Skipping or mishandling this stage has consequences:

• Over-collection: Collecting too broadly increases costs and processing burdens.
• Under-collection: Missing key data risks sanctions or loss of critical evidence.
• Defensibility issues: Courts expect a clear, documented process. Without it, opposing parties may challenge the adequacy of discovery.

Done well, Identification reduces risk and creates efficiencies downstream. It ensures that the discovery process is targeted, proportionate, and defensible.

Best Practices for Effective Identification

• Cross-functional collaboration: Involve legal, IT, compliance, and business units early.
• Early custodian interviews: Don’t rely solely on system-level audits; people know where the “real” data lives.
• Use technology wisely: Employ data mapping and EDRM tools to visualize and track identified sources.
• Document everything: Defensibility hinges on being able to show your work.

Conclusion

The Identification stage of the EDRM is often underestimated—but it’s one of the most critical. By carefully locating, scoping, and documenting data sources, legal teams set themselves up for efficient, defensible discovery.

At Astrea, we see Identification as the moment to bring clarity out of complexity. When teams invest in doing this stage right, every subsequent step of eDiscovery becomes easier, faster, and more reliable.