Keep the eDiscovery processĀ moving forward

A properly managed eDiscovery process serves as the foundation of a case. When eDiscovery is held up, everything is held up. Even so, many firms still find that the process takes longer than they would like. Here are a few of the more critical issues that many firms, both large and small, find themselves running into.

Poorly Implemented or Managed Legal Holds

The eDiscovery process can be held up from the very start through poorly implemented legal holds. Being unaware of the appropriate custodians, failing to send out timely notifications, or not providing enough documentation can all lead to a messy and lengthy data collection process. Legal holds are needed to secure the chain of custody over data and to ensure data’s fidelity. To avoid issues, firms need to optimize their legal hold strategies.

Large Numbers of Paper Documents

Everyone knows that sorting through thousands (or even millions) of digital documents can take some time — especially paper documents. Not being able to manage large volumes of paper documents is something that can stall even larger firms. New OCR technology and services can make combing through paper documents far easier, but firms still need to be aware of how to best utilize the potentially finicky technology. Using standalone OCR technology and more advanced suites can make the difference between poorly-converted documents and easily readable ones.

Using Older or Unsuitable eDiscovery Solutions

eDiscovery software has gone through substantial changes in the last few years alone. As technology assisted review has become widely accepted, new suites have been released that make eDiscovery much faster. A periodic review and upgrading of technology is necessary for firms to remain competitive in their field. Many firms hesitate when adopting new technology because they don’t want to invest additional funds or training — this can be a huge mistake, especially for smaller firms that are attempting to keep up with larger organizations.

Poorly Implemented Forensic Collection

There are many myths about forensic collection, and one of the biggest is that the process is always disruptive. While it is true that poorly implemented collection process can be disruptive, the reality is that it doesn’t have to be disruptive. By drilling down to your forensic collection protocols and following a few best practices, you can make it both faster and easier. When possible, have clients collect their own data, be targeted when it comes to the data you collect, and use cloud-based solutions. Cloud-based document services make it easier for documents to be accessed and uploaded from anywhere, making it less likely that you need to engage in repeated on-site forensic collections.

Not Properly Using Predictive Coding

Predictive coding can be an incredible time saver throughout the eDiscovery process, but it has to be used properly. Predictive coding begins with sample sets that are manually coded and often randomly selected. Once these sample sets are coded properly, the predictive coding platform can use them to code the rest of the documents — often in as little as minutes. But if the sample sets are not properly coded to begin with, the accuracy will be very low. The results also need to be checked to ensure that the documents were coded properly.

Final Thoughts on the eDiscovery Process

When implemented properly, an eDiscovery process does not need to be lengthy and difficult. The more you can fine-tune and simplify your eDiscovery process, the better case outcomes you’ll achieve and the more satisfied your clients will be. For more in-depth information about the new eDiscovery processes, download our free eBook today.

ebook How to use ediscovery to compete with the big boys