Great Bit Faultline: IT and Legal Eagles
February 6, 2009
The legal conference LegalTech generates quite a bit of information and disinformation about search, content processing, and text mining. Vendors with attorneys on the marketing and sales staff are often more cautious in their wording even though these professionals are not the school president type personalities some vendors prefer. Other vendors are “all sales all the time” and this crowd surfs the trend waves.
You will have to decide whose news release to believe. I read an interesting story in Centre Daily Times here called “Continuing Disconnect between IT and Legal Greatly Hindering eDiscovery Efforts, Recommind Survey Finds”. The article makes a point for which I have only anecdotal information; namely, information technology wizards know little about the eDiscovery game. IT wonks want to keep systems running, restore files, and prevent users from mucking up the enterprise systems. eDiscovery on the other hand wants to pour through data, suck it into a system that prevents spoliation (a fancy word for delete or change documents), and create a purpose built system that attorneys can use to fight for truth, justice, and the American way.
Now, Recommind, one of the many firms claiming leadership in the eDiscovery space, reports the results of a survey. (Without access to the sample selection method and details of the analytic tools, the questionnaire itself, and the folks who did the analysis I’m flying blind.) The article asserts:
Recommind’s survey demonstrates that there is significant work remaining to achieve this goal: only 37% of respondents reported that legal and IT are working more closely together than a year before. This issue is compounded by the fact that only 21% of IT respondents felt that eDiscovery was a “very high” priority, in stark contrast with the overwhelming importance attached to eDiscovery by corporate legal departments. Furthermore, there remains a significant disconnect between corporate accountability and project responsibility, with legal “owning” accountability for eDiscovery (73% of respondents), records management (47%) and data retention (50%), in spite of the fact that the IT department actually makes the technology buying decisions for projects supporting these areas 72% of the time. Exacerbating these problems is an alarming shortage of technical specifications for eDiscovery-related projects. Only 29% of respondents felt that IT truly understood the technical requirements of eDiscovery. The legal department fared even worse, with only 12% of respondents indicating that legal understood the requirements. Not surprisingly, this disconnect is leading to a lack of confidence in eDiscovery project implementation, with only 27% of respondents saying IT is very helpful during eDiscovery projects, and even fewer (16%) believing legal is.
My reaction to these alleged findings was, “Well, makes sense.” You will need to decide for yourself. My hunch is that IT and legal departments are a little like the Hatfields and the McCoys. No one knows what the problem is, but there is a problem.
What I find interesting is that enterprise search and content processing systems are generally inappropriate for the rigors of eDiscovery and other types of legal work. What’s amusing is a search vendor trying to sell to a lawyer who has just been surprised in a legal action. The lawyer has some specific needs, and most enterprise search systems don’t meet these. Equally entertaining is a purpose built legal system being repackaged as a general purpose enterprise search system. That’s a hoot as well.
As the economy continues its drift into the financial Bermuda Triangle, I think everyone involved in legal matters will become more, not less, testy. Stratify, for example, began life as Purple Yogi and an intelligence-centric tool. Now Stratify is a more narrowly defined system with a clutch of legal functions. Does an IT department understand a Stratify? Nope. Does an IT department understand a general purpose search system like Lucene. Nope. Generalists have a tough time understanding the specific methods of experts who require a point solution.
In short, I think the numbers in the Recommind study may be subject to questions, but the overall findings seem to be generally on target.,
Stephen Arnold, February 6, 2009
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