eDiscovery shouldn’t be this hard

In a recent US court case one party seemed to find the eDiscovery process so hard / complex / time consuming that they ended up being slapped by the court http://abovethelaw.com/2011/05/d-c-lawyers-screw-up-e-discovery-so-badly-it%E2%80%99s-literally-unheard-of/

So what’s so complex? Often the complexity is because people use old fashioned mechanisms to control the data. They rely on slow manual procedures, massive over-collection and expensive external resources. eDiscovery success should not be based on how long you can delay nor how big you can make it.

Modern in-house (or even the quality end of out-sourced) eDiscovery practise is aimed at getting to the key data, from the key stakeholders quickly and concisely. It should provide some quality pre-collection analytics that enable you to size the collection (to ensure its not ridiculously big or small), to collect automatically and forensically (so your sure it will stand up to scrutiny) and to give you early review of the collected and processed data (so you quickly know what’s happening and can end the litigation early).

And if you don’t take advantage of current eDiscoovery processes…. prepare for the slapping and the concomitant costs.

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