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Nathan Wigginton
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Levelling the Playing Field

Firms with large review teams and companies with deep pockets no longer have the advantage when it comes to eDiscovery. Gone are the days where only the “Goliath” organisations were the ones managing electronic disclosure.

We at Sky Discovery are great advocators of smart use of technology and nowhere is this more applicable than with the companies that may have thought (or maybe even still do think) that eDiscovery is too complex, expensive and resource intensive for them.

So, what’s changed to enable these smaller businesses to get on board. Let’s start with what’s been happening in eDiscovery in the last few years.

Those following the progress of eDiscovery have seen the advancements have included the ability to process larger volumes and more complex forms of data, the emergence and development of Analytics, real time visual reporting and so on.

What this has meant is that not only has the cost of eDiscovery been reduced, but that the scope of eDiscovery has broadened and is now a lot more accessible to those that initially ruled it out as almost a luxury cost. In other words, eDiscovery has gone from “it would be nice to have” to almost “we kinda need it!”.

As a result of these developments there has been a shift in the workflow. The speed of processing means that the data is available sooner and with the emergence of Early Case Assessment tools as much as 95% of the initial data processed could be excluded from the review process. All this can be undertaken with only a few members of the legal team and the eDiscovery Service Provider.

But that 5% could still be a lot of data, I hear you ask. And you are right. But this can be overcome by smart searching using Analytics tools meaning that you can focus on what is likely to be the most relevant material first.

The introduction of Artificial Intelligence technology adds another layer whereby the system can use what you have tagged and see what else would be treated the same way. The beauty of this is that there is less time spent on the non-relevant documents and more on the relevant and key documents where arguably your time is more needed.

All this means that what would be a large scale and burdensome disclosure exercise has become not just manageable but beneficial to the matter enabling the legal team to get to the important documents sooner. All this without the need for large scale review teams and potentially spiralling costs.

If that is not enough of a reason for you to look at eDiscovery as part of your legal workflow how else can the “David’s” of this world benefit when up against the “Goliaths”?

Published by Sohael Qayyum, Associate Director at Sky Discovery UK

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