How to Handle the Ever-Changing Landscape of eDiscovery

December 26, 2014

The article titled Five eDiscovery Lessons from Top Firms That Lawyers Can Implement Now on Above The Law offers advice culled from the strategies of successful firms. Several of the tips are simple enough, that lawyers should focus their goals and research and remember that in spite of the amount of information out there, cases are typically still “won and lost with a handful of witnesses and a few dozen documents.” The article also warns against overhyping predictive coding, as well as being overly cautious about judicial approval of technology. Perhaps the most interesting advice is item #5, which suggests flexibility and creativity in the most innovative firms,

“(They may not be the firms you think…).These firms are willing to accept and even embrace the reality that discovery is a messy process and knowledge of the case is constantly evolving. The firms that are able to get through it the best are doing so by building flexible workflows that can adapt to changes in the understanding of the case. They are willing to experiment with search technologies and processes to find the key information in their data.”

Ultimately the article claims that it is grappling with the constant evolution of eDiscovery technology that will set certain lawyers and their firms apart.

Chelsea Kerwin, December 26, 2014

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