The following key steps will help you prepare your department and organization for E-Discovery:  Where to begin?  

●    FAMILIARIZE yourself with the Law

§       Federal Rules of Civil Procedures 16, 26, 33, 34, 37, 45 and Form 35

 ●   READ as much about it as possible.           

§       AHIMA practice brief “The New Electronic Discovery Civil Rule” September 2006 Journal of AHIMA

§       Journal article “E-Discovery and HIM” October 2006 Journal of AHIMA

§       Journal feature article “E-Discovery Preparing for the Coming Rise in Electronic Discovery Requests” May 2007 Journal of AHIMA

§       Journal article “Portrait of a Legal EHR” June 2007 Journal of AHIMA

§       The Sedona Principles and Guidelines at www.thesedonaconference.org

§       Related case laws.  Zubulake v. UBS Warburg LLC at www.doar.com/documents/Zubulake.pdf.

 ●   GET TO KNOW your system…and ESTABLISH a plan.

§       REVIEW your organization’s information management plan

§       REVISE for e-discovery.

§       REVIEW your organization’s legal hold policy.

§       UPDATE to include all aspects of electronic records and electronically stored information to prevent spoliation of data.

§       REVIEW your organization’s electronic records storage, retention, and destruction schedules to also prevent spoliation of data

§       FLOWCHART the different electronics systems throughout your organization that feed the legal health record.

§       ESTABLISH a Team to include HIM, IT and Legal to discuss e-discovery policies.

§       DESIGNATE an e-discovery liaison within your organization  

●   WATCH for and ATTEND the upcoming WHIMA Leadership Conference planned for November 8, 2007 at the Bridgewood Resort Hotel in Neenah , WI