We understand the challenges you face, and we exist to turn them into opportunities.
In our experience, law firms and corporations face a number of common eDiscovery challenges. The most frequent ones we come across are the following:
- Execution Risk
- Security Risk
- Data Collection Challenges
- Overburdened Teams
- Wasted Time and Money
- Lack of Budget Predictability
- Challenges with Global Reach
When we first start talking with a corporation or law firm, we typically find that they are experiencing some level of “turbulence” with some or all of the above. We exist to reduce this turbulence – to turn eDiscovery into a controlled, predictable, risk-free and efficient process. Our “sweetspot” is building multi-year, process-based, innovative partnerships with clients where we are playing an ongoing business function, not handling a series of discrete projects. We call this “Managed Services.”
Many law firms and corporations do not want to own the risk of delivering on eDiscovery, or the burden of keeping up with technology.
Every litigation or investigation is handled as if it could end up at trial. As evidence is gathered, logged, searched, reviewed and if necessary produced, it is critical that the processes used are 100%, bullet-proof defensible. Managing large volumes of data through the eDiscovery process is not easy. We find that the majority of law firms and corporations today do not want to handle the entire process themselves. There is simply too much execution risk. Also it is all too easy to fall behind technologically. Accurate work product and meeting deadlines are the two top client priorities in eDiscovery. Without confidence, litigators end up on the back foot, not the front foot – worrying about eDiscovery snafus, and getting distracted from the real issues. It is no surprise that over half of the AmLaw 200 are looking at managed services models.
Data security has never been a bigger global issue, or a greater risk for law firms and corporations.
ISO 27001 is the gold standard for eDiscovery data security. Attaining 3rd party certified ISO 27001 status is very challenging. Very few law firms and corporations have achieved that watermark. In addition, their eDiscovery data is often highly dispersed – existing not just internally, but with multiple providers in multiple locations. It is not uncommon for a law firm or corporation to have data in upwards of 50, unaudited locations. Our double-blind market research found that, after execution, data security is the next most critical client need and worry. Clients want to be able to sleep at night.
DATA COLLECTION CHALLENGES
Data sources are more complex and varied today than ever.
10 years ago data collection was relatively straightforward. Between a centralized email system, local data on desktops and laptops, and potentially some shared server data or folders, law firms and corporations could get their arms around discoverable information. Today data sources have proliferated dramatically. From shared cloud sources, to collaborative work environments, to mobile phone data, and social media, it is much more challenging to identify, preserve and collect relevant data. On a weekly basis we get the question from clients: “Have you ever collected from a…..”
Few law firms and corporations can dedicate enough resource internally to eDiscovery.
Most of us wear many hats. Budgets are typically tight. In talking with law firm and corporate clients, we frequently hear that there simply aren’t enough internal resources. eDiscovery is often an additional “to do” for attorneys or IT and IS professionals. Dedicated litigation support or eDiscovery teams regularly have way more to get done than time available, are typically burning the candle at both ends, and can struggle to hit goals and meet milestones. You need help.
WASTED TIME AND MONEY
Very few law firms and corporations today maximize their efficiency and minimize their total eDiscovery related spend.
Data volumes continue to grow at an almost incomprehensible rate. eDiscovery is still an industry in its infancy. Few corporations and law firms can honestly say they have optimized their efficiency and spend around eDiscovery. Many are still unsure exactly what their current spend level is. Law firms additionally can struggle with cost recovery. Overall, driving efficiency remains a work in progress. From scoping strategies, to data minimization and search, to review enhancements, to cost recovery, there are a plethora of ways to drive down spend and waste, and maximize attorney efficiency. Many have yet to be addressed.
LACK OF BUDGET PREDICTABILITY
We hear the need for budget predictability loud and clear from both law firms and corporations.
Corporations have internal budgeting processes they need to adhere to. Law firms are constantly working to update their clients on budgets. Everyone has the same goal – “No Surprises”. And yet eDiscovery is full of surprises. Data volumes grow beyond expectations, matters become way more complex and hours intensive than predicted, last longer than initially thought, and so on.
CHALLENGES WITH GLOBAL REACH
Our world is more global than ever.
Corporations and law firms of any size have clients, operations, or both all around the world. It can be very challenging to navigate both the logistics and the privacy rules in gathering and reviewing data from every continent. Plus the ground is constantly shifting – as the recent Brexit announcement showed once again.