Linked – E-Discovery Update: Email Threading Cuts Costs, Reduces Production of Irrelevant, Potentially Privileged Documents

It’s not normal for us to be using a platform that works one way, then changes and works another way two weeks later, but that is absolutely the way the Agile development is going to happen. The decision to change will be pushed by the business case for making the change, eDiscovery will be a second thought, if a thought at all.

That means two things in my mind in addition to the things Greg lays out in his post below.

1. You have to test, test, test. Constantly. You have to stay on top of new features, old feature changes, undocumented changes, etc.

2. The legal industry as a whole is going to have to get a lot more comfortable with “good faith efforts” being a little more of a gray area as these changes get made. What we could collect easily before, may require a lot more time and effort today, or it may not be possible today because of a bug in a recent update.

It’s going to happen. Whether you want to talk about M365, Google, cloud document management, cloud review platforms, or even cloud backups. Things will happen beyond our ability to control them, and those things will impact eDiscovery. Are we going to be OK accepting that?