Take Time Choosing an eDiscovery Solution

November 11, 2014

There is no escaping it: eDiscovery requirements are having a huge impact on today’s law practices. Reporter Shane Schick at Canadian Lawyer tells us why firms must not take the issue lightly in “Chasing Data: Legal Report: E-Discovery.” Though vendors might promise the auto-delivery of everything one needs for any case “at the push of a button,” the reality is much, much more complicated. In fact, the management of eDiscovery is literally a full-time position at many firms and, where it isn’t, it probably should be.

Schick writes:

“It’s probably best if law firms recognize that developing an e-discovery strategy and getting the right products to execute it is going to take some time. [Forensic-services lawyer Peter] Vakof estimates that in some cases, acquiring the tools through standard procurement can take up to 18 months. [eDiscovery pro Susan] Wortzman suggests making it easier by doing all the information gathering upfront to make the right purchasing decision. This includes a thorough look at what kind of cases crop up that typically require e-discovery, the volume of data involved, and which clients are good at self-collecting data versus those who need help with the forensics. [Secure-applications expert Chris] Grossman agrees — even if firms decide to outsource, it’s better to ‘level it out’ by having a vendor on retainer, rather than spend more during a peak period when several e-discovery cases crop up at once.”

See the piece for discussion of the complexities involved in eDiscovery, as well as a helpful list of questions to consider before choosing a solution. Schick notes that the intricacies around eDiscovery will likely affect the qualifications firms look for in employees. Will no prestigious field remain a safe haven for the tech-avoidant?

Cynthia Murrell, November 11, 2014

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