“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.
This caught my interest – Let’s penalize cold emails. If a recipient chooses, “I never signed up for this mailing list,” I think MailChimp and other email providers should penalize the sender, too. Maybe not with the voracity they penalize under the “this is spam” response, but if you are cold emailing (sending emails to…
It’s a little slow, but it’s good to see firms starting to get it. “The legal industry has been slow to embrace the trend due to compliance issues, heavy regulation and concerns over client data protection. That is changing, however, with the steady rollout of new technologies, improved security capabilities and wider connectivity. Turnover is another…
Among the other interesting things I discovered today while searching for Litigation Support bloggers was an article from back in Aug. 2006 by Mark Lieb titled “The IT Department – Litigation Support’s latest recruiting ground.” I found it interesting, not so much because it said anything new to me, after all I am doing that…
Granted, more data needs to be collected, but if early indications are correct from Microsoft’s study of over a million PC failures it would appear that Apple’s strategy of not letting anyone build their own box, tweak their own hardware, and limiting who can actually build the hardware, id definitely the reason why it is…
This is the world we live in, it’s not enough to not be online and, therefore, have no risk of embarrassment. Not being online is kind of suspicious in itself, and people are looking: While digital footprints are considered to be a liability, if managed well they can be an asset. Digital footprints can showcase…
“When you’re making an argument in the discovery context, know your data” This is such a great quote. I find it amazing how many times I hear of people showing up for meet and confers or sending responses to production requests who haven’t taken the time to understand the data that might be involved. It…