This has opened the door to an era of massive discovery of thousands different kinds of documents of between the parties (Word documents, PDFs, Excel spreadsheets, emails, photos, and audio files), which was uncommon in the days of paper and binders. Thus, reviewing the documents provided by the other party, analyzing them, and identifying the materials necessary for the proceeding has become more and more complicated and requires a significant amount of time and resources.
The transition to electronic discovery has prompted companies to develop electronic tools to store and manage documents disclosed in the course of legal proceedings. As a result, eDiscovery systems were born. Through these systems, which are for the most part operated by designated companies who specialize in this, the manual review is replaced with artificial intelligence and search terms, and the binders are replaced with computerized folders organized by categories.
The costs involved in this new ideal are considerable and primarily depend on the size of the documents uploaded to the system, the number of system users, and the number of programming hours, according to the demands of the client. At the same time, in cases that involve the discovery of tens and hundreds of thousands of documents, the cost might be worth it in light of the saved time and the optimization of the evidence review and search.
In the United States, for example, eDiscovery has become the norm, so that disclosing and transferring documents to the other party is done directly through the eDiscovery system.
How to do this properly?
Proper management and organization of documents is a responsible and highly useful step. It will save precious time by providing efficient and effective familiarity with the evidence throughout the legal proceeding, and will also lead to the highest quality legal strategy. In addition, managing such information will eliminate and reduce conflicts between other parties to the proceeding in terms of discovery. In light of our firm’s experience, both with developing protocols for the storage and preservation of information and with litigation against companies or employees that requires extensive discovery or massive provision of documents, we are able to develop for you protocols that comply with the law and are tailor-made for your company’s needs. This is an optimal measure in anticipation of a rainy day.