The Paper Trail – eDiscovery: Where Law Meets Technology

AUG 06, 2018

It’s estimated that over 40 million lawsuits are filed every year in the United States.[1]

Litigation. A painful and inevitable burden for most businesses. Statistics show that somewhere between 36%-53% of small businesses are involved in at least one litigation in any given year.  And more staggering is that 90% of all businesses are engaged in litigation at any given time.

Given those statistics, it’s surprising that most companies remain unprepared for the ensuing eDiscovery process – The Paper Trail. They are the emails, the IM’s, the file share data, endpoint data and the granular data your team needs to make their case.  It’s the nightmare exercise of preserving and producing the content needed during an admittedly painful process.  It’s especially painful when there’s no one specifically assigned that most unglamorous task.

Does the responsibility fall to your overwhelmed legal team, busy with an ever-growing case load and discovery deadlines? Or does it land in the lap of your corporate IT team, already knee-deep in system updates, real-time monitoring and help desk support?

Your Legal Team?
Legal is overwhelmed with preservation notices, discovery requests and document review for responsive production sets. The team is juggling an ever-growing case load with multiple hearing dates and discovery deadlines while trying to make sure responsive data has been produced and privileged data has been withheld, all to avoid costly sanctions.

Legal departments lack the technical expertise to push back on burdensome discovery requests, effectively communicate technical limitations related to requests they receive, and the ability to understand corporate network and archiving architecture to identify relevant data sources to search.

Your IT Team?
IT departments lack the legal expertise and understanding to help better scope search terms, identify all responsive data sources or comprehend the repercussions of improper preservation or production for the requests the IT team receives.

The IT team is tasked with retrieving email, IM’s, file share data and endpoint data for multiple custodians with varying date ranges, file types and data locations. They balance the discovery ad-hoc work load while remaining responsible and accountable for maintaining the corporate IT integrity for up time, system updates, issuing devices, and answering incoming help desk requests.

A Little of This. A Little of That.
Perhaps your team is like most – trying to get by with the resources at hand. You’re cobbling together a little group from IT and legal and calling that ‘good enough.’  Unfortunately, the issue is communication.  Your IT team, no matter how talented, are no legal experts.  And your team of legal eagles are not technology wizards.  They don’t speak the same language, so the process will take more time and be more error prone.  Therefore, if you’re not being proactive with your eDiscovery program and doing it correctly, you’re putting your company at risk.  And the ensuing results can be quite damaging.

The Right Way. Trace3 eDiscovery Experts.
Our eDiscovery consultants bridge the gap between IT and Legal. The Trace3 team works with all relevant departments and communicates the risks and consequences legal teams face from a technical aspect as well as talk tech with the IT department to implement a forensically sound and defensible preservation and production workflow.  Certified in digital forensics and experience serving as Expert Witnesses, our experience and methodology generates results that will stand up to opposing expert’s scrutiny.

Trace3 litigation support services range from eDiscovery program assessments to third party data processing services to alleviate the burden litigation puts on internal teams ill-equipped to efficiently handle the associated tasks. Trace3 consultants and forensic analysts act as subject matter experts to help shape, guide, teach, implement and assist with all aspects of the eDiscovery process programmatically and technically. Learn more about the Trace3 eDiscovery Consulting Services.

[1] U.S. Financial Education Foundation, 2017

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