Is it time to simplify your eDiscovery Process?

With today’s ever-increasing data volumes it is important to be able to simplify your discovery process.

I have talked a lot recently about eDiscovery becoming over-engineered and eDiscovery products dictating how you undertake your discovery process. In these posts I have highlighted how there is not a ‘one size fits all’ approach to managing eDiscovery, as every matter is different and sometimes we lose sight of some simple methods that have been effective over many years.

Many of the mistakes made in the discovery process are made at an early stage, which can prove costly later in the proceeding. The solution is to be more targeted earlier in the discovery process. To do this means turning attention to the practical discovery requirements far earlier than in the past.

On most matters, the amount of key discoverable documents may not be too different to the numbers experienced previously. The issue is how do we get to them, as so much of the information will probably be irrelevant.

No one wants to have lawyers investing their time (and the clients’ money), looking at information that may be totally irrelevant – time and money that can be better utilised elsewhere. Far too often one of the largest and completely unnecessary costs of the discovery process is lawyers spending their time reviewing entirely irrelevant information.

Targeting your approach

The skill is to come up with effective methods to get rid of what you don’t need so that you can devote your energies at only looking at what matters most.

Even some simple options like the following can be a great starting point –

• Date ranges
• Key People (custodians and potential witnesses)
• Keyword search terms, including the testing the effectiveness and limitations of proposed search terms.

[Yes I know there are many more sophisticated tools, but these are still some good simple options].

Much of this work comes before we start using the full force of eDiscovery software. This will then give the fantastic eDiscovery products the best chance to succeed and achieve what we want.

It is important the legal team are provided with perspectives that are more than simply how particular eDiscovery products operate.

No matter your current approach to eDiscovery, you cannot stand still, as practices and processes are evolving all the time.  Even in the past few years, some of the practices that were commonplace have changed dramatically and will continue to do so.

We’re in exciting times with generative AI capabilities set to transform eDiscovery and other litigation tasks. However, simple and targeted methods early in the process can still be highly effective if thoroughly considered.

Reach out if you need help simplifying your eDiscovery process?