There are tremendous opportunities to use technology to help ensure accurate and efficient eDiscovery. However, when lawyers are uncomfortable with or distrustful of technology, they won’t make the best use of available tools to the detriment of clients. A consistent theme in our posts is explaining the benefits of technology when used properly. The key is to understand what technology can and cannot do and how lawyers and technologists can work together to achieve the best results.
- Discussing technology at the outset. When technical teams, project managers, and case teams collaborate from the beginning, they are in the best position to leverage technology to improve and streamline review. Technology can be used to better organize data, customize workflows and establish metrics to reduce the time and cost of eDiscovery while improving results.
- Maximizing culling. Culling of data can have a huge impact on the time and expense associated with reviewing data. However, effective culling requires an intimate knowledge of both the facts of the case and the tools available. One of the benefits of working with an eDiscovery service provider is that the lawyers and technologists can work together on tailoring workflows and leveraging proprietary Early Case Assessment tools.
- Improving Technology Assisted Review (TAR). TAR, including predictive coding, has many benefits as a tool for selecting documents for review and production. However, it can be challenging to design a TAR workflow that meets the needs of a complex discovery project. That can result in distrust by lawyers and challenges from opposing counsel. As a result, it is increasingly important to work with eDiscovery experts who implement and share best practices, so TAR is used properly and defensibly in the practice of law.
- Using a single team of lawyer-technologists. The best approach in eDiscovery is to bring legal knowledge and technical expertise together in one team. There are significant advantages to having a single eDiscovery service provider who understands the practice of law and possesses a deep knowledge of the software and workflows that handle electronically stored information. These specialists know review best practices and utilize metrics and QC tracking to ensure accuracy and compliance in the review process. A single team also improves coordination and communication and means that clients don’t need to use their own internal resources to monitor multiple vendors.
Lawyers and technologists must work together to maximize the unique knowledge they each bring to the table. By combining an understanding of law, detailed knowledge about a case and technical expertise, clients can get efficient, accurate and cost-effective eDiscovery.
Contact the CDS Advisory Services team to discuss how you can streamline your next eDiscovery project.