Stakeholder Symphony: 4 Ways Orchestrated E-Discovery Cuts Costs, Delays, and Errors

by Exterro, Inc.
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Cutting Costs Across All Stages of E-Discovery

New Tech, Old Tricks:

New technologies, data types, applications, updates to the Federal Rules of Civil Procedure, case law – E-Discovery is evolving faster than ever. And while many legal teams are investing in e-discovery technology, they’re still using processes that were developed nearly a decade ago. In the digital age, that’s a long time. And it’s time for new approach.

Know Eventually, Know Sooner, Know Now: The Evolution of Discovery Processes

Looking back in e-discovery before the ‘E’ (which stands for electronic) came into being, there was a ‘know eventually’ expectation. Lawyers and legal teams came into offices, rifled through file cabinets, and took away boxes of paper files. Hopefully, they got the right papers that had the information they were looking for and eventually they would know the facts of the case.

With the addition of technology (and the ‘E’ to discovery), it moved to the ‘know sooner’ phase. Much of the process was automated and enhanced by technology, and legal teams were able to get the facts of the case much quicker than before.

Today, we find that in all other aspects of our daily lives, we are in a ‘know now’ environment: you can call a car on demand, have dinner delivered to your door, or settle arguments amongst friends (or enemies) by simply pulling out your phone. But Legal, and especially e-discovery, is behind in this respect.

Orchestrating E-Discovery is the Future

While some organizations are shifting more of their e-discovery in-house (especially with preservation, identification, and some collection), most use outside organizations for activities on the right-hand side of the EDRM (collection, processing, review, and production). And when there are multiple stakeholders across a number of organizations, all of them possibly using different tools and technology, the process becomes fractured and fragmented.

To get a status on a specific matter, in-house teams will have to scour over multiple reports, or try to track down their outside counsel or service provider. The lack of transparency between stakeholders, possible compatibility delays between different technology platforms, and an increased chance of potential human error are risks associated with the multiple handoffs that are a part of this approach.

4 Reasons for Orchestrating E-Discovery:

  1. The E-Discovery process has matured and so should your corporate legal department
  1. Orchestrated E-Discovery brings substantial cost savings
  1. Risk is lowered when all stakeholders (in-house counsel, law firms, service providers) are on a single technology platform
  1. Getting to the facts sooner settles cases and cuts costs

With an orchestrated approach, it’s easy to see the possibilities:

  • A document only needs to be collected one time, regardless of how many different matters it may or may not be responsive in
  • Global labels can be applied, so once a document is tagged as ‘privileged’, that carries over to all matters and teams won’t have to review it again
  • With the advancement of new e-discovery technologies, like in-place preservation, documents can be processed prior to collection
  • Legal teams will benefit from being able to track performance metrics in order to continually improve their processes

The path to orchestration becomes clear: a single technology platform, available in the cloud for all stakeholders, both internal (corporate legal, IT) and external (law firms, service providers), where all tasks and activities are coordinated with workflows in mind, giving full visibility and transparency across every step of the e-discovery process.

What works today will be obsolete tomorrow.

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Exterro, Inc.
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