What is eDiscovery?

Discovery is the legal process that governs the right of collecting and producing non-privileged information that is relevant to the litigation. When it comes to electronically stored information, this process is referred to as eDiscovery and can include computer files, databases, and emails. It is a legal process where both parties exchange evidence in state and federal courts.

The eDiscovery process is considered to be fairly complicated. Given the large volumes of data your firm might be dealing with, an advanced eDiscovery technology can help you navigate that process.

How Does eDiscovery Software Work?

Complete Guide to eDiscovery

eDiscovery starts with the identification of potentially relevant data sources, key timeframes, key custodians, keywords, and more. Once the legal hold has been issued, you have to determine what data you have to collect. Through a comprehensive eDiscovery process, you will collect all the different types of ESI. All the related information has to be uploaded and exchanged during litigation. This is crucial because even a small fact can have a big impact on the case’s direction. The data has to be sorted in order to make sure that you can find the one needle in the haystack that makes all the difference.

Before eDiscovery software came into play, lawyers had to sort through physical documents, which led to a very time-consuming and cumbersome process. But today, the process has become quite different, as all the information is now available in a digitized format. An eDiscovery solution can help you access these files and produce them during litigation.

eDiscovery software, such as Casepoint, helps legal firms handle electronic information to be used in discovery and litigation. This software will automate the common discovery steps, including data collection, file indexing, virus scanning, OCRing, and preparing documents for review. Once you have uploaded the data into a platform, both parties can review the data, search for the right documents, use metadata fields to sort information, and tag files. It also drastically reduces the number of documents that require manual review by culling extraneous files, like duplicate files, files out of the scope, and others. After this data has been reviewed and tagged, the software can convert, apply redactions and stamp documents.

With a cloud-based eDiscovery software like Casepoint, you will have the added advantage of uploading, reviewing, and producing documents online. This will save you a lot of costs, delays, and frustrations that come with other eDiscovery approaches, such as legacy software, third-party vendors, or manual review.

Comparing eDiscovery Software

When it comes to comparing different eDiscovery software, there are certain criteria that must be followed:

Section Image

This covers the pricing plans, the scalability, whether or not it includes support, and when you might be able to see an ROI.

Cost

Section Image

When you are comparing different software, you have to consider features like search capabilities, exporting search results in different formats, regulatory compliance, built-in quality control measures, and more.

Features

Section Image

The security of your information is a crucial factor when selecting the best eDiscovery software. You have to ensure that your data is stored in a secure manner. Apart from this, it should also offer role-based permission, backup, disaster recovery, audit trails, etc.

Security

Section Image

The best eDiscovery tool should offer multiple deployment options, along with whether or not the solution will scale along with the changing needs of your organization.

Deployment Options

Section Image

Make sure that the software has received good reviews and find out if other users have experienced any issues with the solution.

Reviews

Why is eDiscovery Essential?

eDiscovery is crucial in ensuring an effective litigation process. In order to ensure a comprehensive investigation, all the possible information relevant to the case has to be collected and documented. This includes preservation, collection, analysis, and preparation. 

Accurate reports are not only essential for legal purposes, but for internal investigations as well. The information must be verified and timestamped for authenticity. Having a complete picture will ensure that you can pinpoint weaknesses in your internal components and security systems. Here are some other reasons why eDiscovery is essential for your legal firm:

Section Image

eDiscovery can help you collect valuable evidence in a timely and cost-efficient manner.

Serve the Interests of Your Client

Section Image

In a world where ESI has become an integral part of our lives, diligent representation requires a thorough eDiscovery process. Having a manual and inefficient process might lead to penalties.

Fulfill Your Ethical Duties

Section Image

With a powerful eDiscovery software like Casepoint, you will be able to do more work in less time, making the process efficient for you and your clients.

Save Time and Money

Section Image

If you are unable to comply with the eDiscovery requirements, sanctions might follow. You could end up with expensive or case-dispositive sanctions.

Avoid eDiscovery Sanctions

Different Approaches to eDiscovery

Thankfully, there is more than one way to approach the eDiscovery process.

Manual Document Review

Before ESI became mainstream, document discovery was considered to be fairly straightforward. A lawyer would identify the documents that were potentially relevant to the case and review them manually. Redactions were made and Bates stamps were applied. But, now that the volume of data has significantly increased, manual review of ESI has become daunting and overwhelming.

Alternatives to Manual Review

Thankfully, there are alternatives to manual review that can help ease the eDiscovery process. With a powerful eDiscovery software like Casepoint, you no longer have to take on the manual approach. It offers options like smart filtering, which can limit the documents by focusing on those containing certain keywords. This will eliminate the need to review the mountain of documents. Also, this technology is fairly easy to use, instantly deployable, and often charged on a pay-as-you-go basis.

Inefficiencies With Manual Document Review

Unfortunately, there are still several attorneys who prefer manual review to eDiscovery solutions. They use outdated programs to collect and review electronic files one by one. However, even if the number of documents is small, this is a highly ineffective and inefficient process. Without the ability to organize information by metadata or search multiple files at once, the whole process becomes quite cumbersome. The team might end up reviewing a large volume of unnecessary documents like irrelevant or duplicate files.

Use Outlook and Adobe for Document Review

Consider this situation. You have to review 10 GB of email in Adobe Acrobat or Microsoft Outlook. That could be up to 30,000 documents that must be reviewed. At $250 an hour and 30-100 emails reviewed per hour, that would cost somewhere between $75,000 to $250,000. Your client might not be willing to pay such a high expense. Moreover, your legal firm might not have the resources needed for this form of document review.

eDiscovery Vendors

These are third-party legal service providers that help you process, and prepare ESI for eDiscovery. Depending on the services they offer, they might even handle collection, analytics, and review.

How Much Do eDiscovery Vendors Cost?

Pricing models will vary depending on the eDiscovery vendor. Apart from storing your data, the price might include fees for set up, training, loading, support, exporting fees, production fees, predictive coding, and more. You should confirm the fees, along with the additional costs applicable in special situations. Make sure that they have a transparent pricing model that allows you to project your expenditure accurately.

 

What to Look For in The Best eDiscovery Software

Pricing models will vary depending on the eDiscovery vendor. Apart from storing your data, the price might include fees for set up, training, loading, support, exporting fees, production fees, predictive coding, and more. You should confirm the fees, along with the additional costs applicable in special situations. Make sure that they have a transparent pricing model that allows you to project your expenditure accurately.

Section Image

The eDiscovery software should offer the option to upload the files directly to their platform. You also have to consider the time taken to process the data, preserve information like file metadata, and process steps automated by the software. It should have quality control measures and should be able to identify corrupted files and password-protected data.

Data Processing

Section Image

When it comes to searching the data, the software should be accurate as well as intuitive. It should offer the option to organize the files by metadata fields like date, domain, sender, etc. Apart from this, the process of reviewing, redacting, collaborating, and tagging the documents shouldn’t be too complex.

Search and Review

Section Image

You need an eDiscovery solution with pricing plans that fit your budget. Also, depending on your requirements, they should also offer to scale the usage. The pricing plan should ensure easy billing. You also have to consider the total cost of time and human resources. Lastly, think about the expected ROI.

Pricing

In the modern process of civil litigation, competency in eDiscovery is crucial. Achieving an accurate and efficient discovery result without an eDiscovery solution would be almost impossible. The only way to ensure that you are able to meet your legal obligations in this digital world is through an advanced eDiscovery platform. Leveraging technology can be cost-effective and efficient. If you are not able to manage and produce data effectively, courts might impose sanctions or fines. So, having the best eDiscovery software is not optional anymore, it’s a necessity.