November 2022- Improve eDiscovery Outcomes

Using a holistic approach to manage data and standardize processes

As business, data and technology have evolved, so have the standards for managing eDiscovery. Organizations are recognizing that being reactive and handling each project as an independent matter are no longer optimal. Instead, they are achieving improved outcomes with a more strategic and comprehensive approach – one that centralizes processes and focuses on holistic program management and better control of the company’s data.

There are six key steps to take in building a modern eDiscovery program that will help an organization position itself to mitigate risk, reduce unnecessary costs and create efficient, consistent results.

1. Build an internal team. Create a dedicated team of stakeholders who are invested in the program’s success and will lead the effort. Establishing this team will improve visibility across the company’s litigation/investigation portfolio and lead to better outcomes and cost control.
2. Identify and select partners. Vetting managed review and eDiscovery technology partners should focus on those who are established and reliable, thereby adding continuity, efficiency and the ability to gain insight and further refine the program on an ongoing basis.
3. Establish guidelines. Develop a playbook that outlines both the responsibilities of and standards for all participants in the program, including review and technology providers as well as outside counsel and the internal team.
4. Develop standardized workflows, protocols and templates. Use the established guidelines to create clear workflows and standard templates to ensure continuity across the program and from matter to matter, even when outside counsel or other resources may change.
5. Evaluate and implement technology. Modern tools and technologies can make a significant impact on efficiency and productivity, but not all technological advances are beneficial to every organization. Lean on partners, but conduct a thorough evaluation of benefits and costs to determine what you really need.
6. Establish reporting/auditing. These are key to ensuring continuous improvement. Strong reporting and auditing include useful information compiled at a reasonable frequency. Overreporting can be paralyzing to the program, so it’s important to find the right balance.

Building a standardized program across an organization’s matters begins with a dedicated internal team and strategic partners to establish a holistic, cost-effective program for all aspects of eDiscovery and coupling that integrated solution with outside counsel strategically chosen for their subject matter and legal expertise on a matter-by-matter basis. By implementing the same approach and processes across all matters, an organization can ensure a repeatable process is applied to eDiscovery throughout its litigation and investigations portfolio.

QuisLex’s Robert Coppola and Briana Hulet explore this topic more extensively in an article published in the Fall 2022 issue of ILTA’s Peer to Peer magazine: “Moving Beyond the Matter at Hand – Building a Modern eDiscovery Program.”