Custodian Interviews: Asking the Important Questions
Woman Advocate, Fall 2015
A custodian interview is a necessary, but often undervalued, initial step in any litigation. It involves asking your own client where and how files are stored (electronically and in hard copy) and how many potentially responsive documents there may be. If done correctly, it not only ensures that you collect all potentially responsive documents—and perhaps that “smoking gun”—but also acts as a solid defense against attacks on the sufficiency of your document collection. For those reasons, custodian interviews must be robust, detailed, and well documented.