Leading eDiscovery companies are successful because their clients must win.
BIA is a leading eDiscovery company that has been pioneering the industry for nearly two decades. As one of the few eDiscovery companies that have maintained independence and that have built a strong and loyal client base, BIA is uniquely positioned to deliver gold-standard eDiscovery at the most value.
Whether you are a small, medium or large company, below are 10 reasons to use a leading eDiscovery company.
1. It’s Evidence
Just as court and law enforcement personnel rely on forensics principles and special tools to gather, secure and preserve physical evidence, so do corporate legal departments and IT professionals need to quickly, efficiently and defensibly do the same with documents and data like email, text messages, data from laptops and cloud systems.
If there is an evidentiary issue regarding certain electronic information, the tools and methods used by the organization are relied upon to show that accepted methods, processes and technologies were implemented to preserve and manage electronic evidence.
BIA professionals use strict computer forensic guidelines when handling data so that transparency and maintaining evidentiary integrity is always the highest priority. The techniques and methodologies used by BIA follow forensically sound principles and are based upon, meet or exceed electronic evidence and information security standards put out by NIST, the U.S. Department of Justice, ISO, IEEE and the International Association of Computer Investigative Specialists.
Defensible practices are the best protection against spoliation claims. Defendants and Plaintiffs alike face more and more scrutiny regarding the proper preservation and handling of electronic information. Electronic information such as email and electronic documents are fragile and can be very easily — and accidentally — modified or destroyed. Parties involved in civil lawsuits or regulatory-related matters are increasingly seeing the use of spoliation claims, either to their advantage or against them. The best way to avoid spoliation claims from the outset is to use defensible methods and mature technology like those delivered by BIA.
There is significant value in the use of a neutral third-party and related tools to perform the preservation, search and management of electronic information for legal purposes. Case after case, both State and Federal courts alike have focused on whether home-grown systems and internal IT practices are sufficient and whether preservation activities are performed in the right way using mature and accepted tools and methods. Using an experienced, leading eDiscovery company reduces the need to hire in-house experts and helps lower overall legal spend.
4. Burden & Liability
Designing tools and methods to manage legal holds, preservation and eDiscovery should never be tasked to an already overworked IT department. IT is generally not appropriately staffed with the required skill sets to perform in-house eDiscovery. So IT should vet and be a part of the procurement and implementation of a legal hold, data preservation and eDiscovery solutions to be used by the legal department to manage the process operations. Homegrown systems and non-specialized tools cost more money and take more time and are more vulnerable to tough scrutiny regarding the process, data integrity, auditing capabilities, and chain-of-custody.
Proper methods employed correctly, by parties for complying with legal hold and data preservation requirements can save both time and money. By creating efficiencies such as through the automation of reminder actions and automating critical task workflows (e.g., to suspend email deletion policies), legal defensibility is gained, errors are prevented and time is saved. If a good process is well managed and highly automated, overall legal spending is substantially reduced and certain areas of the legal budget become predictable. A leading eDiscovery provider will implement efficiencies as a natural part of its service delivery.
In most litigation and discovery situations, the volume of documents and data at the start of the process is typically much higher than at the end of the process (or the close of discovery). Thus, the more accurate are the data preservation and eDiscovery activities early-on, the less the overall document volume becomes – and it is clear that the fewer documents and data sent to attorney review, the less money spent on the overall lawsuit or legal matter. To ensure smart eDiscovery and accurate data preservation, BIA uses several key technologies and workflows in a custom way that is only available by BIA.
7. Verification & Security
Core to legally defensible data handling is the verifiability of electronic data as an authentic duplicate of the original. Making a copy of data is not the same as performing forensically sound data gathering. Along with data verification procedures, ensuring data security and confidentiality is also critical. A leading eDiscovery company uses professional tools to preserve electronic data in its original form, with all of its metadata, to enable subsequent verification of that collected data and implements security across all of its systems and processes to ensure that client data cannot be compromised and is well-tracked and auditable. By using BIA, all verification processes are performed in a hybrid automated manner so that the best of software and people are used to ensure data integrity and security is maintained at all times. For more information about security, read our article about eDiscovery security.
8. High Return on Investment (“ROI”)
Correctly designed and managed legal hold, preservation and discovery processes within a company will work to control exposures and help manage risk for a relatively low carrying cost. With BIA specifically, the unique and low cost of each of the unlimited license types offered makes it so that on top of the high ROI because of the risk lowering workflows and features, the costs and pricing model further increases the ROI. For example, BIA’s special ESI Management Model for corporations has consistently shown year over year savings of over 30 percent less than industry cost trends while delivering a higher level of legal defensibility than other market solutions. By using the right tools and paying for those tools in a cost-effective manner, companies can lower current annual legal spend and substantially increase the ROI related to the required business processes that include legal hold, preservation and eDiscovery activities. eDiscovery project should be reduced and will help limit the exposure to risk to the risk of fines and penalties that come with doing eDiscovery wrong.
9. Small Cost, Big Return
Choosing the right eDiscovery provider and the most appropriate technologies is critical to enjoying the benefits of a successful legal strategy and overall lowered cost of litigation. A good system, well implemented and at a cost-effective price-point will pay itself back many times over, and sometimes in a short time across one or several legal matters.
10. The Right Thing to Do
Repeatedly, litigants are being penalized for not taking the appropriate steps to ensure the proper legal holds and preservation actions are taken early on in a lawsuit’s life or when a company reasonably anticipates that a legal matter may arise. With the increased volume of data that companies create and the changing laws related to legal preservation requirements and the ethical obligations of attorneys with respect to legal holds and eDiscovery, specialized and mature technologies are more important than ever before.
To help you further in choosing the right eDiscovery provider and to determine whether your current eDiscovery processes are sufficient, see our article about measuring your eDiscovery processes.