Category: E-Discovery and Legal Holds

Electronic Discovery Reference Model

Also known as: EDRM, Electronic Discovery Reference Model, e-discovery reference model

Simply put

The Electronic Discovery Reference Model (EDRM) is a widely used framework that maps out the stages involved in finding, preserving, and producing electronic information for legal proceedings. It gives legal teams a common way to understand and manage the electronic discovery process from start to finish. The EDRM is also associated with a community and set of resources for professionals working in e-discovery and related areas.

Formal definition

The EDRM is a conceptual framework that outlines the stages of the electronic discovery lifecycle, providing a shared reference point and standards for handling digital data in legal contexts. According to the evidence, the model is commonly described as comprising nine stages: information governance, identification, preservation, collection, processing, review, analysis, and further stages leading through to production and presentation. It is intended to guide legal teams through the electronic discovery process and functions both as a process model and as a professional community and resource base; note that its scope centers on e-discovery rather than records management or information governance as broader disciplines, though information governance appears as an entry point within the model.

Why it matters

Electronic discovery involves handling potentially large and heterogeneous volumes of digital information under conditions where errors can carry legal consequences. The EDRM matters because it gives legal teams, litigation support staff, and their technical partners a shared vocabulary and a common map of the process, from the early consideration of information governance through to the eventual production and presentation of material in a legal proceeding. Without such a reference point, parties may describe the same activities in inconsistent ways, which can complicate coordination among counsel, vendors, and internal stakeholders.

The framework is also significant because it positions information governance as an entry point rather than treating discovery as an isolated event. This framing encourages organizations to consider how information is managed before litigation arises, since decisions about what information exists, how it is retained, and how it can be located all affect the cost and defensibility of later discovery activity. It is worth stressing, however, that the EDRM addresses information governance only as a stage within the discovery lifecycle and is not itself a records management or information governance discipline; professionals should not treat the model as a substitute for a broader recordkeeping or governance program.

Beyond its use as a process model, the EDRM is associated with a professional community and a body of practical resources. This dual character means it functions both as a conceptual guide and as a reference base for practitioners, which can help standardize approaches across organizations and jurisdictions. That said, the specifics of discovery obligations, preservation duties, and disclosure requirements depend heavily on jurisdiction, court, and sector, and the EDRM should be understood as a general framework rather than a set of binding legal rules.

Who it's relevant to

Litigation support and e-discovery professionals

For those working directly on electronic discovery, the EDRM provides a shared vocabulary and a map of the process stages, helping teams plan work, coordinate with vendors and counsel, and communicate consistently about where a matter sits in the discovery lifecycle. It also connects practitioners to an associated professional community and resource base.

Legal counsel and compliance leads

Counsel and compliance professionals can use the framework to understand and manage the discovery process from identification and preservation through to production and presentation. It is important to remember that the model is a general guide and that actual preservation and disclosure obligations depend on the applicable jurisdiction, court, and sector.

Information governance and records professionals

Because the EDRM includes information governance as an entry point, records and information governance professionals may find it useful for understanding how upstream decisions about retention and information management affect later discovery. However, they should note that the EDRM is scoped to e-discovery and does not replace a dedicated records management or information governance program.

Inside EDRM

Information Governance

The initial stage of the model, concerned with the ongoing management of information so that it is retained, disposed of, and controlled in a defensible manner before any dispute arises. In practice this stage overlaps with broader information governance and records management programs rather than being an activity specific to litigation.

Identification

The process of locating potential sources of relevant information and determining their scope for a given matter. This typically involves mapping where records and other information reside across systems and custodians.

Preservation and Collection

Two related components: preservation seeks to ensure that potentially relevant information is not altered or destroyed, often through a legal hold, while collection involves gathering that information for further processing. The specific obligations attaching to preservation depend on jurisdiction and the nature of the proceeding.

Processing, Review, and Analysis

The stages in which collected information is reduced in volume, converted into suitable formats, examined for relevance and privilege, and evaluated for content and context. These steps aim to narrow a large body of material to what is pertinent to the matter.

Production

The stage at which relevant information is delivered to other parties in an appropriate form. The acceptable form and manner of production commonly depend on procedural rules and agreements that vary by jurisdiction and forum.

Presentation

The final stage, in which information is displayed or used before an audience such as a court, tribunal, or in negotiation, typically to support or explain a party's position.

Common questions

Answers to the questions practitioners most commonly ask about EDRM.

Is the EDRM a strict sequence of steps that must be followed in order?

No. Although the model is commonly depicted as a left-to-right progression of stages, it is best understood as a conceptual reference framework rather than a mandatory linear workflow. In practice the stages are often iterative, overlapping, and revisited as understanding of the matter develops. Organizations typically adapt the model to their circumstances rather than treating it as a fixed procedural checklist.

Does the EDRM only apply to litigation, or is it relevant beyond the courtroom?

While the model originated to describe processes associated with electronic discovery in the context of legal proceedings, its stages are frequently referenced more broadly. Depending on organizational policy, similar processes may inform investigations, regulatory responses, and information governance activities. However, its structure is oriented toward the discovery context, and applying it elsewhere requires care to avoid overstating its intended scope.

How does the EDRM relate to an organization's records management and information governance programs?

The model typically positions information governance as an upstream foundation that influences how readily later stages can be carried out. Well-controlled recordkeeping, including sound classification, retention, and disposition practices, often supports more efficient identification and preservation of relevant material. That said, records management and information governance remain broader disciplines in their own right, and the EDRM addresses only the aspects that bear on discovery-related processes.

At what point should legal holds and preservation be considered within the EDRM stages?

Preservation is generally treated as an early consideration once a matter is reasonably anticipated, and it is often coordinated with the imposition of legal holds. The specific triggers and obligations depend on jurisdiction, sector, and organizational policy, so timing should be determined in consultation with legal counsel rather than by reference to the model alone.

What practical steps help an organization prepare for the identification and collection stages?

Preparedness in these stages often depends on knowing where potentially relevant information resides, which is supported by accurate information maps or data inventories, consistent classification, and clear retention and disposition practices. Depending on organizational policy, defensible and documented procedures for locating and gathering material can help demonstrate the integrity and reliability of what is collected.

How can an organization document its EDRM-related processes defensibly?

Documentation typically focuses on demonstrating that reasonable and consistent processes were followed, including records of decisions, methods, and controls applied at each relevant stage. Preserving evidence of authenticity, integrity, and chain of custody is often emphasized. The appropriate level of documentation depends on jurisdiction, sector, and the requirements of the matter, and should be informed by legal advice.

Common misconceptions

The EDRM is a mandatory, strictly sequential procedure that every organization must follow step by step.

The EDRM is generally understood as a conceptual reference model rather than a prescriptive workflow. The stages often overlap, iterate, or are revisited, and it is intended to provide a common framework and vocabulary rather than a fixed sequence of required steps.

The EDRM and records management are the same discipline, or the model can substitute for a records management program.

The EDRM addresses the discovery of electronically stored information in the context of disputes, while records management concerns the control of records as evidence of activity across their lifecycle. The two are related, particularly at the information governance stage, but they serve distinct purposes and are not interchangeable.

Following the EDRM guarantees compliance with discovery obligations in any jurisdiction.

The model is a general framework and does not itself establish legal requirements. Discovery, preservation, and production obligations differ across jurisdictions and sectors, so the model must be applied in light of the applicable procedural rules and legal advice.

Best practices

Treat the model as a reference framework and adapt it to your organization's systems, matters, and applicable procedural rules rather than applying it as a rigid, uniform workflow.

Invest in the information governance stage before disputes arise, since well-controlled retention and disposition can reduce the volume and cost of later discovery activities.

Coordinate identification, preservation, and collection with legal counsel to ensure preservation obligations are met in a manner consistent with the relevant jurisdiction.

Document decisions at each stage so that the handling of information is defensible and its authenticity, integrity, and usability can be demonstrated.

Recognize that stages such as processing, review, and analysis are often iterative, and plan for revisiting earlier steps as understanding of the relevant material develops.

Confirm the required form and manner of production against applicable procedural rules and any agreements between parties, as these vary by jurisdiction and forum.