E-discovery, as a well-known fact, is approaching its tenth anniversary (the first e-discovery related Zubelake ruling was in 2003). However, e-discovery as a process is still a mystery to many legal professionals.
The overall e-discovery process involves more than just collecting, processing and hosting digital information. There are more subtle aspects, such as aligning the legal drivers with the client’s information mosaic to target the right set of records, ensuring that the information keepers (IT professionals) are comfortable and receptive to the preservation and collection approach. Advice is also required to strategically plan and manage the review process to ensure that the costs of this step of the e-discovery-related process is controlled.
Although there are myriad criteria that should be considered before choosing an e-discovery advisor, knowledge and experience are by far the most important. Your advisor must be well versed in both IT technology and legal procedures. He or she should also be in a position to offer unbiased advice – from proposing information sources for preservation, to recommending the best platform and managed process for reviewing the documents. An advisor that is not tied to one or a handful of software solutions, and whose fees are not dependant on the volume of data collected or processed, will be able to provide you with the best strategic counsel.
Wortzman Nickle’s Technical Strategies group provides e-discovery advisory services for both corporations and law firms.