When we reported about the top 5 eDiscovery trends for 2010, we were of course synthesizing the issues affecting the industry and predicting as best we could, with the help of Clearwell Systems what the new year may bring.
However, those five trends, as astute as they are, represent a perspective of eDiscovery that address technology. What about the eDiscovery trends that effect business strategies?
We’re so glad you asked. We had the opportunity to sit down and talk with Keith Okano, President and Brian Johnson, Senior Director of Marketing at Bridgeway Software about key trends that are making eDiscovery more of a business process than in the past.
Matter Management Matters
Matter management systems can provide excellent communication and collaboration platforms to organize and distribute information. While new web-based collaboration tools can reduce the need for matter management systems as collaboration tools, they often reflect the technology needs of eDiscovery, rather than the business needs. Companies need to keep track of payments, deliverables and other documents that help to keep eDiscovery in order.
Bridgeway believes that while the saving time and money is important, ensuring that oversight doesn’t get overlooked is also a significant part of managing eDiscovery.
Case Assessment isn’t Early
From a business point of view, early case assessment is redundant. Bridgeway eDiscovery isn’t so much end-to-end as it is circular. The platform circles through the EDRM process so many times that ECA is a given and it expects that it’s integrated before data is collected.
Assessing information doesn’t just help to determine the scope of the case, it helps to establish history and trending topics of compliance issues. How prevalent an issue is, for example may establish more legal issues than just the content of a search.
Garden Variety eDiscovery Goes In-House
From a business point of view, handling eDiscovery in-house can be daunting. Just because technology may allow a simpler solution, doesn’t mean that everyone who manages it is suddenly an expert. In fact, there may be issues that are way too advanced and nuanced for even the most skilled eDiscovery managers to manage.
For those cases, outside legal counsel is still necessary. The costs associated with it may be worth it in the long run, to safeguard against risk or liability.
Bridgeway is all about moving eDiscovery in-house, but understands that companies should tackle only what they can reasonably and legally handle.
Measuring Merit Counts
Most eDiscovery platforms boast the time, money and energy a company will save. While Bridgeway loves to save its customers time and money, it also likes to be able to measure the merits of eDiscovery.
By measuring against standards of merit, designated by regulations, legal counsel and other outside forces, eDiscovery management can serve customers well by letting them understand and see where in the process they are and how many of the standards they are meeting as a result.
As well, measuring the merits of a case can help companies collaborate better with outside counsel as it lets both entities see the entire process and not just pieces.
The Whole eDiscovery Perspective
Bridegeway Software sees things from a business perspective and says most of its customers do too. As much of a role as technology plays in choosing the eDiscovery platform that’s right for you, choosing one that lets you manage the business side of things is critical.
What better way is there to save, time and energy than to see how much time, money and energy is involved in the entire process?