The Secret to Successful eDiscovery

The Secret to Successful eDiscovery
KM World

The Secret to Successful E-Discovery was published in KMWorld, where BIA’s Barry Schwartz describes how inclusion of certain key experts is essential for a smooth and defensible eDiscovery process. Electronic data collection and production certainly involves specialized technical workflows, but without a team that brings human knowledge and career experience, success is far from guaranteed. Four particular advisor positions can form a solid eDiscovery foundation for any case, right from the beginning.

Know who the secret eDiscovery players are.

Technologies and methods around eDiscovery are constantly evolving as digital evidence and electronically stored information (ESI) play such a huge role in legal actions and investigations. Keeping up with these updates and technological innovations can be difficult if you’re not dealing with it every day. The best kind of eDiscovery vendor not only sets up the most efficient technology platform but also comes with a skilled team that has years of experience and hard-earned knowledge to back them up.

In this article, we detail four key members you should consider for your eDiscovery team, and why: the ESI management expert, the digital forensics expert, the review platform expert, and the qualified and certified project manager.

ESI management expert

  • Knows the ins and outs of data and ESI challenges.
  • Guides you through all the steps of the ESI and eDiscovery process.
  • Understands different ESI types and the protocols surrounding them.
  • Navigates both traditional and newer data sources, storage types, and platforms.
  • Pulls from legal experience and can provide regulatory and case law references for strategy.
  • Reviews protocols from both your counsel and opposing counsel.

Digital forensics expert

  • Knows a variety of data collection methods and how to avoid potential pitfalls.
  • Helps map out the scope of work and entire project design and process.
  • Can retrieve or gather data from even complex, advanced, or unexpected places and devices.
  • Understands the best data gathering methods (onsite or remote) for your case.
  • Ensures the data collection is performed defensibly, data stays encrypted, and metadata is intact.
  • Asks the right questions, particularly in cases where malfeasance (theft of digital property, harassment claims, etc.) is suspected.

Review platform expert

  • Knows all about eDiscovery practices and document review tools.
  • Has lengthy experience, as a licensed attorney, with technology-assisted review (TAR) and other document review platforms
  • Uses legal knowledge to keep data handling compliant with regulatory measures (e.g., HIPAA, FDA, etc.)
  • Can set up and oversee the attorney team that handles document review.
  • Establishes stringent QC processes for file production and proper redaction.

Certified project manager

  • Knows how to pull all the complicated moving parts together.
  • Drives and oversees the entire eDiscovery process – watching budgets, catching issues, and spotting opportunities to improve the process, people, and technologies.
  • Communicates proactively, provides regular updates and reporting, and anticipates your team’s needs.
  • Navigates a myriad of resources, tools, technology, and workflows, coordinating and orchestrating each step of the eDiscovery process to make it smooth and seamless.
  • Ensures tasks are completed, changes are anticipated, and long-term goals are achieved.

Early involvement of these core experts is a simple yet often overlooked step in initial eDiscovery case talks. This secret to successful eDiscovery is not necessarily elusive, but many companies don’t think to include these experts until after project work has started. Without an experienced team, even seemingly self-sufficient organizations will realize that they can’t handle everything on their own – and worse, this realization often comes too late. Consider these key members for your eDiscovery advisory team, straight from the outset of your case planning.

For more details about eDiscovery teams’ real-life success stories as well as disaster solutions, check out our KMWorld article.

Put the right eDiscovery heads together.

As a managed legal services vendor in the eDiscovery game for two decades, BIA pulls from all sorts of real industry experience to run efficient and accurate projects. We’ve learned that it’s essential to involve eDiscovery advisory teams in your case from the very first scope-of-work conversations all the way through to the last data presentations.

For successful eDiscovery in your case, you need proper data handling, defensible processes, and all the right evidence. For ultimate satisfaction, you need timely and accurate service, without ballooning invoices and unnecessary re-work.

When entering an eDiscovery contract, start off on solid ground with a multidisciplinary eDiscovery advisory team by your side. Gather a core group of experts you can fully trust; involve this team from the very beginning to end of your planning and production. With such an experienced group and full process engagement, you will keep the success rate up and the costs down.

Who is on your eDiscovery team?

Read more details about how you need to involve the right experts in initial discovery conversations.