eDiscovery: Speed Bumps Annoy Billing Attorneys
September 12, 2008
A happy quack to my Australian reader who called “eDiscovery Performance Still a Worry”. The article by Greg McNevin appeared on the IDM.net.au Web site on September 10, 2008. The main point of the write up is that 60 percent of those polled about their organization’s eDiscovery litigation support system said, “Dog slow.” The more felicitous wording chosen by Mr. McNevin was:
The survey also found that despite 80 percent of organisations claiming to have made an investment in IT to address discovery challenges, 60 percent of respondents think their IT department is not always able to deliver information quickly enough for them to do their legal job efficiently.
The survey was conducted by Dynamic Markets, who polled 300 in house legal eagles in the Uk, Germany, and the Netherlands. My hunch is that the 60 percent figure may well apply in North America as well. My own research unearthed the fact that two thirds of the users of enterprise search systems were dissatisfied with those systems. The 60 percent score matches up well.
In my view, the larger implication of this CommVault study is that when it comes to text and content processing, more than half the users go away annoyed or use the system whilst grumbling and complaining.
What are vendors doing? There’s quite a bit of activity in the eDiscovery arena. More gladiators arrive to take the place of those who fall on their swords, get bought as trophies, or die at hands of another gladiator. Sadly, the activity does not address the issue of speed. In the sense for this context, “speed” in not three millisecond response time. “Speed” means transforming content, updating indexes, and generating the reports needed to figure out what information is where in the discovered information.
Many vendors are counting on Intel to solve the “speed” problem. I don’t think faster chips will do much, however. The “speed” problem is that eDiscovery relies on a great many processes. Lawyers, in general, have a need for what’s required to meet a deadline. There’s little reason for them to trouble their keen legal minds with such details as content throughput, malformed XML, flawed metatagging, and trashed indexes after an index update.
eDiscovery’s dissatisfaction score mirrors the larger problems with search and content processing. There’s no fix coming that will convert a grim black and white image to a Kodachrome version of reality.
Stephen Arnold, September 12, 2008
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