The short answer: innovation isn’t always driven by technology. For the long answer -- read along.
Sorting out the Fundamentals
The long answer weaves us through a maze of expertise, process and collaboration throughout the enterprise and legal spaces, leaving us with many more questions than answers. Let’s start at Legal Tech NYC, which brought together many eDiscovery vendors to mingle with prospective customers and members of the legal profession.
Among them was Stratify, who sponsored a “supersession” called "Whatever Happened to Rule 1?" The session aimed to probe whether increasing data volumes and eDiscovery costs (together with the rise of complex, global litigation matters) has led many legal observers to question whether Rule 1 -- that is, the goal to a just, speedy and inexpensive resolution of every action and proceeding -- has been all but repealed? The panel of judges and chief counsels from the United States, Canada and the UK tackled issues of that and addressed cooperation vs. zealous advocacy, rescuing civil justice from the costs of eDiscovery and winning on the law instead of winning on eDiscovery.
Stratify's Bayer recounted the industry clearly had their issues to sort out, even at the most basic levels. Even defining affordable or speedy isn’t always easy. So it’s hard to imagine if these basic questions are left unresolved, how can we ever figure out what will innovate an industry that encompasses so many different perspectives and lots of information.
They Hybrid Approach
Bayer thinks that what the industry currently provides for eDiscovery is as fast and accurate as it can be. At its core, there isn’t much more to be gained, for there isn’t just one technology model that can simplify the process for everyone. But yet, organizations continually seek simple technological solutions for a very complex infrastructure. The real innovation, Bayer says, works to simplify both the process and the technology. And that begins with collaboration.
As more General Counsels sit down with Chief Information Officers, they can begin to dissect a company’s infrastructure.
Taking Enterprise Policy to a Higher Level
Just as panelists debated whether it was better to win the law or win eDiscovery, organizations within the enterprise need to figure this out as well. Bayer says that more compliance is needed, as companies struggle to manage the information they have. The information will only continue to grow, as will the issues surrounding it.
Stratify, for example, works with its customers to help them bring coherency into a complex model and integrate the processes into its business model. Other vendors would be wise to the same, if they aren’t already. Bridging the intellectual with the informational can innovate communications, which can lead to better governance processes.
Advanced, but Scalable Solutions
Ultimately, Bayer says, solutions that offer more advanced, but scalable solutions will help drive costs downs and help companies perform better at all levels. As well, companies are behooved to continually evaluate the significance of their data and re-evaluate their answers to even those most basic questions. A company’s affordability is likely to change, having a solution that can scale to its needs is critical.