An Overview Of eDiscovery From A Lady
February 18, 2013
The practice of e-Discovery is currently blossoming in the legal system. It provides important insights in litigation and evidence for cases, but what does the future have in store for e-Discovery? Laura Zubulake was a plaintiff in a case that changed the legal system and how it uses technology. She was recently interviewed for Clearwell Systems e-Discovery 2.0 blog in the post, “Q&A With Allison Walton Of Symantec And Laura Zubulake, Author Of Zubulake’s e-Discovery: The Untold Story Of My Quest For Justice.”
Zubulake voiced that technology had advanced greatly for e-Discovery, but organizations have not made any great strides in information management. She believes as time goes on e-Discovery will become absorbed in information governance, though a need for e-Discovery experts will arise and require companies to bring in third-parties. Organizations will come to realize the importance of e-Discovery and start restructuring to include it. The government will be one of the main forces that drive e-Discovery adoption, especially when it comes to procuring information or evidence. State and federal governments will be among the first to have laws and procedures for using it. One of the biggest changes is that users will finally understand the power of search algorithms:
“Algorithms become an accepted search tool. Although keyword, concept, cluster, etc. searches will still play a role. For years, law enforcement, government, and Wall Street have used algorithms—the concept is not new and not without peril (significant market corrections were the result of algorithms gone wrong). Parties confronted with volumes of data and limited resources will have no choice but to agree to computer assistance. However, negative perceptions and concerns about algorithms will only change when there is a case where the parties initiate and voluntarily agree to their use.”
Will 2013 be the year e-Discovery is magically accepted without question? The technology will continue to advance and newer, “younger” organizations will be quick to adopt, but moving established organizations (like the government) is going to be pushing a boulder up hill. People like Zubulake are taking a hammer and finding the boulder’s weak point, then carrying the pieces up hill.
Whitney Grace, February 18, 2013