Pro-Tips for Taking Control of E-Discovery
Shrink data: Targeted collections only when needed
The intelligent discovery approach is to collect only when necessary and use a targeted method. “Collecting to produce” should be the watchword; collect data sources and data types that are most relevant to a discovery request, and negotiate phased discovery whenever possible.
Among best practices:
- Assess early to better prepare for required meet-and-confer sessions, then negotiate a fair and reasonable scope of discovery. The ability to employ a more targeted collection strategy hinges on a sound and effective preservation program (see step 1).
- Use the right technologies for the task. Modern collection technologies simplify the process and enable remote collecting with minimal business disruption. When collecting from cloud-based repositories, take advantage of cloud-based collection technologies. These enhance the process and avoid the need to move data to your local network.
- Track all steps via a detailed audit log which shows chain of custody, a corporation’s forensically sound collection methodology, and the rationale for decisions made during the collections process, should it be challenged in court.
In light of exponential data growth, e-discovery processing has become unsustainably expensive. Since it’s often outsourced, it is a huge opportunity for legal teams to dramatically save time and reduce costs. One major challenge: having the appropriate resources to meet the company’s processing needs. Most fear investing in on-premise infrastructure due to fixed capacities, exorbitant fees, lack of predictability and the IT expertise that is generally required.
A pro-tip: Leverage the power of cloud computing, but watch out that it’s true-SaaS. Ensure that the technology is architected to fully leverage the ability to scale up or down right-sizing with data volume requirements, and gain control over the process without the burden of building and maintaining one’s own processing capabilities.
Few legal departments deal with bet-the-company cases. In fact, 90% of cases deal with routine matters. In these cases, the quick access and review of the data that a true-SaaS discovery application offers allows in-house attorneys to perform much better reviews that will drive small discovery matters or document production requests quickly to conclusion. Additionally, corporate counsel can efficiently reduce large datasets to what’s essential. Your team has the flexibility to collaborate with outside counsel without having to move or copy the data.
Focusing on the fundamentals of intelligent discovery will help corporate legal teams successfully address their discovery challenges and in-source discovery like a pro. The keys to creating a best-practices preservation and notification culture are developing a well-documented preservation plan that supports preserving in place, and proactively sharing it throughout the company. By targeting collections to only what is needed when it’s needed, corporations avoid the risk and penalty of data over collection. By leveraging modern approaches to process data with hyper-efficiency, corporate counsel has instant access to the data and rapid insight into the merits of the case. Intelligent discovery rewards legal teams with control over the process, and saves time and money. Perhaps just as important, it stands up to scrutiny if challenged.
Founded in 2008 in Portland, OR, Zapproved Inc. is a pioneer in developing cloud-hosted software for corporate legal departments. Widely adopted by Fortune 500 and global 2000 corporations, Zapproved has earned recognition in the 2014 and 2015 Best of the National Law Journal and the 2013 and 2014 Best of Legal Times. Zapproved was recognized in the 2014 Inc. 500 as one of the fastest growing private companies in the U.S.