In the realm of electronic discovery, technology teams often confront resource gaps that exacerbate the discovery issues that legal teams are confronting. The right toolset, one that proactively prepares the enterprise for discovery, can benefit both the legal and technology teams on several fronts, so the investment delivers value across the enterprise.
One benefit of deploying a proactive eDiscovery solution, one that provides legal easy access to the documents and data they need, is that it can remove the high dependency of the legal team on the IT department. This decoupling helps IT avoid being at the beck and call of the legal team. And the legal team is able to avoid spending valuable hours (theirs and ITs) trying to get access to the data they need. Another important benefit of tools that proactively manage a company’s data–to the extent that they know what they have and where it is–is that it can assist lawyers with the increasingly complicated keyword paradigm. Let’s be honest, a lawyer’s enthusiasm about and/or knowledge of math, statistics, algorithms, linguistics, or technology has its limits, so the right tool can assist them substantially and provide additional assurance that corporate information is being accounted for when engaged in discovery.
Another key benefit of proactive ediscovery, for some companies, is substantial cost savings. While there exists a great deal of marketing literature around the cost savings, this is one of those cases when there can be substantial value in managing data in documents, email, PDF files, etc so that you can bring discovery in-house. Obviously, each company needs to quantify the tangible and intangible cost savings realized from the deployment of an internally-deployed or externally-managed data management and discovery solution, but it is likely worth the time and effort if it has the potential to dramatically reduce eDiscovery costs. Specifically, a company should be able to quantify the cost benefits tied to performing e-discovery internally (e.g., search, preserve, produce, and etc.). When computing this value it is important to be mindful that whenever you need something quickly, at a specific time and location, it tends to be more costly– litigation driven e-discovery certainly fits that bill. Proactive eDiscovery can eliminate some of the last minute rush, because getting your hands on relevant case data is easier when you already know what you have and where it is. The right tools can also increase legal and technology efficiency and productivity.