Implementing eDiscovery at a Law Firm
Has your law firm implemented solutions for managing eDiscovery requests? Here's what you need to know about establishing a process and choosing...
Litigation lawyers increasingly rely on eDiscovery tools to help them manage their cases. In 2020, the American Bar ...
Litigation lawyers increasingly rely on eDiscovery tools to help them manage their cases. In 2020, the American Bar Association reported that eDiscovery requests had increased by 70%. The number of firms that encountered cases involving eDiscovery also increased, ranging from 52% for solo practitioners to 72% for larger firms. What is it about this technology that has captured the legal industry? What do these changes mean for your role as a litigation lawyer?
The ABA's findings proved that eDiscovery use is fast becoming the industry norm. Consequently, companies that lag behind competitors in adapting its use will also fall behind in their ability to serve clients. Even when these law firms get on board, they might find they lack the technical skills their competitors have practiced. While few clients understand or question the work lawyers do behind the scenes, it will ultimately show in the client's experience and the case results.
Lawyers have to deal with a lot of data. Communications, opposing counsel's filings, and expert witness depositions are just some of the many examples. In the past, lawyers managed this using paper documents or microfiche. They also had to liaise with higher-ups to get the information they needed. This created several points of friction. eDiscovery breaks down these barriers.
Time is one of the most essential commodities for lawyers. Even the slightest inefficiency can become costly. eDiscovery has helped to reduce or eliminate several sources of inefficiency, such as tracking down misfiled documents. With eDiscovery, lawyers can conduct a search and find the document in seconds. Even better, they can conduct this search from anywhere.
The litigation process often requires the handling of sensitive information. In some cases, this may be classified information. In other cases, certain client data must be kept confidential. eDiscovery tools have robust security features that make it easy to keep data safe. This gives clients peace of mind. It also helps legal professionals address concerns clients have about potentially incriminating information stored in the cloud.
One of the main reasons you might not have embraced eDiscovery as a litigation lawyer is cost concerns. While the initial investment might be higher than using paper records, eDiscovery is more affordable in the long run. You no longer have to pay for physical storage space or the time it takes to organize and retrieve documents. Microsoft includes its Purview eDiscovery tool with Microsoft 365, though specific features vary across subscriptions.
It's not unusual for attorneys to be working on multiple cases simultaneously. Lawyers also work on cases together or with the assistance of experts from other fields, such as medical practitioners or private investigators. In the past, this created logistical nightmares when sharing information between cases. With eDiscovery, lawyers can share relevant documents with other team members with a few clicks.
The litigation process often begins with an investigation. Professionals use this to gather information about the other party or to find out more about the facts of the case. In either situation, eDiscovery can help lawyers speed up the process. For example, if a litigation lawyer needs to review a large volume of documents, he or she can use eDiscovery tools to identify relevant documents quickly.
It is not uncommon for a lawyer or the company to hire a paralegal who works remotely for the office or provides contract services. Some of the other professionals lawyers liaise with for information might also work in other locations. eDiscovery makes it possible for these persons to easily contribute to the process. This, in turn, improves flexibility, reduces friction and improves speed.
If you are a lawyer or part of the legal team inside a large organization, it's time to embrace eDiscovery. eDiscovery streamlines several aspects of your work process and makes it easier for you to meet organization goals and get ahead of litigation deadlines. These and other benefits keep a firm competitive and can improve its ability to negotiate private settlements and avoid lengthy litigation.
We have helped countless companies migrate to the cloud to access eDiscovery and other Microsoft tools. Are you ready to see what these tools can do for your work processes as a litigation lawyer? Contact us to get started.
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