Posted by: johnocunningham | September 4, 2014

High-Tech Document Discovery: No Longer Optional For Law Firms

We live in an age where we are drowning in electronic data. Litigation holds, as well as preservation and production of data in litigation are fast becoming the number one headache for chief legal counsel in commercial companies. Just one terabyte of data on a server can mean scores of millions of pages to review.

According to a West Publishing report entitled “e-Discovery for Corporate Counsel,” 70 percent or more of the cost of discovery is now attributable solely to human review of documents for responsiveness and privilege. Furthermore, up to 90 percent of costs in any litigation matter can be tied directly to document review and discovery (see also: June 23, 2008 issue of Law Technology News).

These costs are ballooning and form the fastest growing part of most corporate counsel budgets.

As noted in a report by the Journal of the American Society for Information Sciences & Technology, there is also no way that dozens of human reviewers working on so many documents will sort and code them consistently and accurately based on their differing subjective judgments, experience levels, fatigue and other factors.

Thus, the biggest critical difference maker for law firms that want to demonstrate “value and efficiency” in litigation is technological expertise in systems that greatly speed up the e-discovery process and improve its accuracy, resulting in much lower litigation costs and far better litigation management.

Litigation firms and litigation departments can score big points with their clients by technologically solving the problem of sorting through mushroom clouds of data. They can also score more clients by tracking and communicating the reductions in costs and improvement in results from smarter use of technology.

There are numerous systems competing for the attention of litigators, and the purveyors of these systems are constantly offering free seminars on the subject of optimizing the interface of people, process and technology. For just one example, see the upcoming September 16 complimentary Webinar offered by DiscoverReady.

 

(Disclosure: I am not endorsing any one provider of high-speed discovery and document review services, but DiscoverReady is a client for whom I have performed services in the past).

 

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