Self-Collection Risk

Self-Collection Risk

Self-Collection Risk

Self-collection occurs when custodians identify and produce their own relevant material. It risks incomplete collection, metadata alteration from copying, and inconsistent judgment about relevance.

Courts have criticized unsupervised self-collection in a number of decisions.

Alternative Names:

Custodian Self-Collection, Self-Collection

Why it Matters?

Self-collection is attractive because it is cheap, and it fails in predictable ways: custodians apply their own relevance judgment, miss locations they forgot about, and alter metadata by dragging files between folders. Courts have ordered recollection at the producing party's expense where self-collection proved inadequate, which converts the initial savings into a substantially larger cost. Attorney-supervised collection with documented instructions is the defensible middle path.

Frequently asked questions

Why do courts criticize self-collection?

Why do courts criticize self-collection?

Because custodians apply inconsistent relevance judgment, overlook data locations, and can alter metadata, producing collections that are incomplete in undetectable ways.

What is the defensible alternative?

What is the defensible alternative?

Attorney-supervised collection with documented instructions and verification, or vendor collection using forensic methods where the stakes warrant it.