How to overcome E-Discovery Challenges with New Technologies


Business communications are now dominated by electronic storage and devices like emails, hard drives, flash drives etc… and the volume of data used and stored is increasing at astonishing rate. Here comes the Electronic discovery. After the recent amendment to the Federal Rules of Civil Procedure (FRCP) which recognizes increasing importance of electronically stored information for litigation and regulatory investigations.

As a result, attorneys face difficulty to control rapidly increasing e-discovery costs & meeting time lines ordered by court & finding a professional with the combination of legal and technical knowledge to effectively manage e-discovery projects are the a major challenges for attorneys and their clients. To meet these challenges e-discovery professionals use new generation of document review applications & tools to manage number of activities like data collection, forensic data analysis, data restoration, sophisticated review and analysis, and production .

Cost Reduction

By using Quality control measures, document organization, batch tagging and taking advantage of new technologies etc… Cost of e-discovery can be reduced effectively to satisfy client demands. In the early days this whole process was done manually which was very time consuming and expensive too. But when thousands or millions of documents are involved, this simply cannot be done manually.

Now in the modern era, with the help of new technologies computer software organize the document collection automatically or these software’s are content independent of keyword selected by user. They analyze the keywords defined by user in each & every document and compare. The results are stored in virtual folders and sort documents based upon the relationships among them which can be further sorted and reviewed in future. These virtual folders contain only electronic links to the documents. Using concept folders it is easier to find relevant and irrelevant documents before human review. This type of document organization and batch tagging minimize errors & perform high efficiency reviews.

Deadlines by Court

This is the second challenge most of the counsels face & Most of the time court schedules don’t include the time needed to process, review, and produce large volumes of electronic data. Technology assisted review can help attorneys speedup the e-discovery process.

Manual & search based systems involve linear document review which are not efficient like their advanced counterparts. This enhanced cognitive focus results in more efficient review as well as more accurate tagging. While the document tagging depends on multiple factors including reviewers, expertise, speed and context of the review.

Advanced e-discovery solutions identify near-duplicate documents & collect them for a review. The reviewer can directly access all related near-duplicate document which enables a single reviewer to review and compare all the instances and versions of a document and tag them consistently & this speed up the review too.

It has been seen that using previous technique law firms review rates were 40 to 70 documents per hour. But now using new and advanced techniques law firms have achieved a major breakthrough in productivity. Their average review rates of 300 to 500 documents per hour and as high as 15,000 documents per day per reviewer.

Finally, efficiently managing E-discovery

In the past, litigation support companies were handling the discovery matters efficiently, but now skills required to manage e-discovery matters has outpaced their ability to master all relevant technologies. Foreign language e-discovery is the best example to prove this. There has been a huge increase in cases which includes Foreign languages too. Only few vendors in the e-discovery community have the expertise in all the e-discovery matters like data extraction, data collection, foreign language document organization, search, and production to properly manage foreign languages E-discovery.

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