5 Common eDiscovery Challenges

Keeping up with the newest eDiscovery advancements may be a complex undertaking for many legal practitioners. Over the previous decade, the field has expanded, resulting in new paths of both development and difficulty.

eDiscovery technology also continues to evolve, making the challenges of eDiscovery even more intricate. It encompasses a broad range of techniques and practices. It can range from the simplest to the most complex. 

Let’s look at some of the most frequent eDiscovery issues that every legal professional faces and how to solve them.

Collaboration between departments

One significant shift brought about by the continuous growth of big data is that legal departments can no longer function as an island. Though legal departments have traditionally collaborated with other departments, such as HR, the digital revolution has brought on a slew of new partners with whom legal professionals must coordinate their activities.

IT is the most visible of these new partners. As businesses create and keep more data, the manner in which this data is stored, preserved, and structured has become a major problem for lawyers. It is critical for the legal department and IT to be on the same page in order to be informed about what the business has in terms of data. These departments must collaborate to develop rules for data retention, data preservation, and, more broadly, information governance.

Diversification of data

Organizations are increasingly using social media, chat tools, audio/video, and other data-generating means of communication in addition to email, so there is a wide range of possible sources of relevant information. Failure to make such data available during litigation might have serious consequences.

The capacity to look for and save relevant information is not optional. More complex data carriers can be opened and searched with the right tools, such as email archiving solutions. Archiving software saves vital information that companies need to recall and can also act as an evidence tool in litigation.

As organizations across the world become more digital, legal departments must be aware of these new data sources.

Constant data growth

The quantity, rather than the type, of data kept by businesses, may be the more obvious problem. Global data growth is projected to continue at a rapid pace. For legal, this means additional data to go through, filter, and evaluate each time a case is filed.

Excessive data storage isn’t only a problem because storage isn’t cheap; it also creates security and compliance concerns. In general, the longer an organization keeps a piece of data, the greater the danger it poses in terms of compliance risks.

This can be avoided by managing digital clutter — and data archiving can help you manage valuable information, reduce exposure to compliance risks, and fulfill regulatory responsibilities.

Embracing technology

It’s easy to feel intimidated by AI whenever a new statistic is released demonstrating how much faster and more precise computers are at certain jobs. However, technological advancements such as AI aren’t necessarily a threat waiting to take over human jobs, but rather an extended hand of humans.

The eDiscovery industry is following suit with AI-driven software to help legal teams review, categorize, and classify data more efficiently, thereby potentially reducing eDiscovery costs. eDiscovery requires the repetitious grunt labor that attorneys typically squander their valuable time on.

With the help of technology, contemporary legal departments may free up their legal experts to conduct more meaningful work instead of slogging through hours of tedious litigation support tasks. From document review to analytics, data governance, and more, AI is undoubtedly reshaping the eDiscovery industry, and embracing this trend will ensure a more precise and efficient eDiscovery process.

Data privacy issues

Data privacy is always an issue, but it is imperative in the case of any litigation or investigation in which information will be transmitted outside of your facilities.

Make sure you’re working with an eDiscovery business that encrypts data from the start and stores it in a safe environment free of dangerous actors. eDiscovery providers should be able to detail their security policies so that you know their level of data protection. eDiscovery providers should also have a formal internal process for handling security breaches.

If you’re working with outside counsel, they should also understand the data privacy concerns involved in eDiscovery. They should have a rigorous security protocol in place, including procedures for transmitting data outside their office and using encryption.

Conclusion

It is critical to collaborate with your eDiscovery team — which should include legal counsel, eDiscovery specialists, and forensic and technological experts who are familiar with your business — to develop a thorough data handling methodology. When this is done correctly, your data will be protected, and all procedures will be in accordance with industry rules.

eDiscovery should be viewed as a process, not an event. It is a dynamic and iterative endeavor. While it may be tempting to rush through the process, it’s critical to develop a thorough understanding of the data and your goals in order to avoid common eDiscovery issues.