E-Discovery: Challenges and Opportunities

A recent article features research that sheds light on key challenges and opportunities in the e-discovery arena. The author interviewed 27 individuals responsible for e-discovery decision-making, including 10 in-house lawyers, nine in-house administrative e-discovery leaders, and eight law firm partners. All of the survey participants were involved in selecting e-discovery tools and vendors as well as developing e-discovery processes.¹

Among the many insightful points the article offered were three that I found particularly interesting:

• Legal teams are using cloud options more extensively than in the past—because cloud security is better—but they remain cautious. Sixty seven percent of in-house discovery administrators preferred to leverage e-discovery tools in the cloud alone; the remainder selected a hybrid approach. Law firm partners, however, are more apprehensive about full cloud adoption, with only 25 percent interested in leveraging the cloud alone. Fifty percent preferred a hybrid approach.
• The increasing comfort with the cloud is one reason law departments are managing more of their litigation internally. Cost containment is another reason. Despite the allure of “do-it-yourself” discovery, the technology and talent necessary for a corporate legal team to assume full control is too extensive for many.
• The desire for greater internal management is driving the need to work with e-discovery vendors that offer distinctive client service supported by best practices is delivering solutions. For corporate counsel, communication was cited as the most valued quality in a vendor. In-house administrative e-discovery leaders specified competence as most important while law firm partners emphasized responsiveness. It's also important for vendors to recognize that 93 percent of the survey respondents use a "request for proposal" (RFP) process, so competition is strong and external services providers must combine premium client service with top-quality work.

Feel free to visit the Legal Services page of our website for additional insights on industry trends including white papers, case histories and more. These are based on our many years of experience helping corporate legal departments and law firms reduce document review and overall discovery costs. Additionally, our alternative pricing models demonstrate that e-discovery does not necessarily have to entail high upfront costs. Visit our website to learn more.

1. Kaplan, A. (2017) “E-Discovery Research Reveals a Focus on Cloud Adoption, In-Sourcing and Client Service.” Legaltech News, June 27, 2017