Paralegal Advanced Competency Exam (PACE) Practice Exam

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What constitutes electronically stored information (ESI)?

  1. Only files currently being worked on by legal professionals

  2. Any relevant information stored digitally, including deleted documents

  3. Physical documents that have been scanned into electronic format

  4. Confidential client information stored in cloud services

The correct answer is: Any relevant information stored digitally, including deleted documents

The concept of electronically stored information (ESI) encompasses a wide range of data that is stored in a digital format. This includes not only files that are actively being worked on, but also any relevant information that is held in digital form, which importantly includes deleted documents. The inclusion of deleted documents is significant because they may still be recoverable and can hold relevance in legal proceedings. ESI can be found in various forms such as emails, documents, presentations, databases, voicemails, and social media posts. This broad definition is crucial in legal contexts, especially during discovery phases in litigation, where both parties may need to gather and review a comprehensive set of relevant digital information. The option pertaining to any relevant information stored digitally accurately captures the essence of ESI, which means it is inclusive of all data forms, extending even to those that may not be immediately visible or accessible.