Despite the fact that we’ve been talking about electronic discovery, and the FRCP were changed 4 years ago to account for eDiscovery, apparently things are still a mess out there in the real world, according to the 2010 ESI Trends Survey from Kroll:
Seventy-seven percent of companies are not confident in the repeatability and defensibility of their Electronically Stored Information (ESI) Strategy, attributable to the fact that more than half (56 percent) of companies do not have or do not know if their organization has a data map or inventory of where all their data is stored, only one-third (38 percent) have tested their policies, and nearly half (45 percent) do not know if their policies have been tested. Companies are creating policies, but are not taking the important next step of making sure all the necessary protocols have been followed and testing and modifying policies as needed. This is a key finding from the Fourth Annual ESI Trends Report, an independent study commissioned by Kroll Ontrack, the leading provider of information management, legal technologies, and data recovery products and services.
You can download your own copy of the results here.
When is the legal industry going to wake up and realize it is 2010? The legal industry is not going to be able to simply ignore the data gorilla in the room. You will either need to find effective ways to deal with it, or get out of the way so that others can.
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