"eDiscovery is an enterprise business process; as such, it can be managed, measured, and optimized when a comprehensive in-house process is utilized," says analyst firm IDC's Ryan O'Leary in a recent report, Investment Needed to Realize eDiscovery's Potential, which takes a closer look at how businesses can use e-discovery software to attack current and future challenges.
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What are some of the key benefits of operationalizing and conducting more e-discovery activities in-house?
Within the e-discovery suite of processes, there are a variety of areas where process improvements can be made. Early case assessment (ECA) is a crucial step in the e-discovery process because it sets the tone and scope for any project. ECA is about trying to judge the potential data size, financial and reputational risk, and budget for e-discovery needed for the litigants in a case.Understanding your e-discovery obligations is made more difficult by disorganized data. Organizations that do not focus on information governance can find themselves drowning in redundant, obsolete, or trivial (ROT) data. Enterprises that do not operationalize and bring e-discovery in-house collect and cull this ROT data for every single case and pay for the pleasure to do so. Operationalized in-house e-discovery can help organizations develop best practices and the ability to effectively cull ROT data, cutting down on the need for review and empowering legal teams to strategize and make case settlement decisions earlier.
Within the e-discovery suite of processes, review continues to be the costliest aspect. Over-collection of data is avoidable. Reducing the corpus of data that needs to be reviewed and ingested saves money by cutting GB upload costs and other fees charged and saves attorney fees for review time.Organizations with in-house e-discovery professionals also create subject-matter experts in-house. Those employees are invaluable because they know and can navigate a corporation's bureaucracy and organizational processes better than anyone. Operationalized e-discovery departments will be able to leverage subject-matter experts who have relationships with "frequent flier" custodians and know their data storage habits. Proactive e-discovery professionals can keep up-to-date images of disks and monitor change so that data does not go missing, which can result in hefty sanctions.
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