In preparing for electronic discovery, attorneys should, at the very least, have a basic understanding of their client's IT infrastructure. The following is a list of practical and relevant procedures and practices attorneys should consider when taking on a case involving electronic discovery:

• Acquire a basic understanding of the duties and obligations with respect to electronically stored information imposed by the Federal Rules and learn the key holdings by the Zubulake court.
• Understand the duty to preserve as it applies to your client's case, communicate it to your client, and have a plan in place to implement it and handle litigation hold issues.
• Prepare your client for the tremendous costs and potentially massive disruption associated with e-discovery.
• Know your client's claims and defenses early.
• Acquire a basic understanding of your client's electronically stored systems and project controls, relevant databases, accounting systems, email systems, voicemail systems, etc.
• Know your client's IT system/infrastructure early and learn their policies regarding storage of data.
• Never, never permit or rely on your client to comply with litigation holds, implement preservation plans or comply with e-discovery requests.
• Retain the right consultant who will see to it that your client's IT department has properly preserved electronically stored information (under the consultant's direction) and properly complied with appropriate e-discovery requests (once again, under the consultant's direction). The consultant will manage your client's preservation and compliance obligations.
• Be prepared for the inevitable challenge of advising your client on preservation and litigation hold issues in the face of an on-going project with a staggering amount of complex electronically stored information that is dynamic in nature.
• Reach agreements early with opposing counsel regarding party managed e-discovery.
• Be prepared for mistakes and problems. Early intervention by a good consultant coupled with your early and active involvement in this process will reduce the number and severity of mistakes and problems.
• Understand metadata; have early discussions with your client and with opposing counsel about preserving and producing it.
• Do not delegate e-discovery to paralegals or young, inexperienced lawyers.
• Emails are a trap for the ignorant, naïve, and unknowledgeable construction attorney. They are ubiquitous, extremely dynamic and require special treatment and agreements by the parties.
• Remember e-discovery is a means to an end, not an end unto itself. Instill this principle into the party managed discovery process so that proportionality and practicality are key goals.