“In our experience, legal teams often ignore or avoid any data analysis. Too often, they rush into processing and review without a significant understanding of the content of their ESI. This avoidance is a disservice to clients and staff. Data analysis is an activity that yields significant cost savings to the client. With good tracking and reporting, the return on investment (ROI) can be proven in every case.
We see legal team spending on discovery increase unnecessarily when issues with ESI are uncovered too late in the e-discovery process, requiring work to become reactive instead of proactive. While remediating these issues, we find almost uniformly that time and expense of remediation could have been avoided had data analysis been performed on ESI at the beginning of the project. We find this holds true even in the smallest e-discovery matters.”
I do find it bizarre how often people in this industry take a “fire, aim” approach to eDiscovery. Go get everything and then we’ll figure out what do to with it once we start reviewing, instead of taking a long, hard, look at what we have and then deciding what’s worth reviewing.
Analytic tools are one way of figuring it out. This article does a good job of explaining how they can point us in the right direction up front, instead of after we’ve made a bunch of wrong assumptions.