13 eDiscovery Problems and Their Solutions

Due to the latest litigation technologies and other emerging tech, Electronic Discovery  is becoming not only more popular but also absolutely crucial. Various organizations in various sectors need to follow strict eDiscovery protocol to avoid any legal repercussions in the future.

However, despite its growing popularity and need, eDiscovery is not always easy to carry out. In this article, we’ll highlight some of the problems and challenges associated with eDiscovery and their solutions.

1. Large and Continuously Growing Amounts of Data

Regardless of the industry or organization, eDiscovery is a big challenge due to the large amounts of data available. And to make things worse, all that data is multiplying at an incredible rate. This makes collecting, analysing, and managing data for eDiscovery quite hard.

Solutions:

  • Preserve the right data to avoid collecting useless information
  • Rely on data analytics to control the spread of data
  • Use advanced eDiscovery software to sift through large amounts of data
  • Train team members to carry out eDiscovery more efficiently

2. Analysing and Drawing Meaning of Data

Moreover, the data available is not only multiplying in numbers but also in forms. The data available today exists in many diverse forms, from emails to text messages to even emojis! All this makes it a big challenge for law firms and other legal personnel to derive meaningful insights from that data.

Solutions:

  • Use the latest litigation technologies to extract relevant data
  • Use advanced eDiscovery software to read data available
  • Use data analytics tools to accurately identify data sets
  • Utilize highly skilled teams to better sift through data

3.Reducing eDiscovery Cost

Collecting and then sifting through those enormous amounts of data and then preparing it for further review requires immense resources. This includes not just people but also a lot of time. Therefore, the large amounts of data and excessive time required to manage it leads to high eDiscovery costs.

Solutions:

  • Work with external eDiscovery consultants to make the process more efficient
  • Use advanced eDiscovery software to bring down labour costs
  • Incorporate data analytics tools to make the process faster
  • Train team members to carry out ediscovery more efficiently

4. Keeping eDiscovery Specific

It is also a big challenge to keep eDiscovery specific. With all the data that’s out there and the fact that eDiscovery is an iterative process, you’re always in need of additional data. However, sometimes, the court can reject the request for discovery of electronically stored information (ESI) that it deems to be too expansive and not relatively specific.

Solutions:

  • Cooperate with other parties to maintain a focused approach during eDiscovery
  • Use advanced eDiscovery software to identify the right data sets needed
  • Utilize latest litigation technologies
  • Use data analytics tools to filter through data

5. Competent eDiscovery

eDiscovery is not as simple and straightforward as collecting data. It involves a long process with several steps and complex procedures. The faster your team moves through that process, the more competent you will be. However, it all depends on how efficiently you are able to manage all that data.

Solutions:

  • Train team members to carry out discovery more efficiently
  • Use advanced eDiscovery software
  • Use data analytics tools to streamline eDiscovery process
  • Ensure that infrastructure and resources are available

6. Managing Diverse Data as Well as Its Meta Data

As mentioned earlier, the immense data that exists today is quite diverse in nature. However, it doesn’t end there. eDiscovery teams also have to extract that data’s metadata, which is a crucial part of eDiscovery and not easy at all.

Solutions:

  • Work with external eDiscovery consultants for proper data management and discovery
  • Stay up to date with Civil Procedure Rules (CPR)
  • Rely on advanced eDiscovery software
  • Utilize latest litigation technologies

7. Storage of Data Outside a Network

There’s also the problem of storage of data outside a network. Within organizations, employees may store some data on the company’s network. However, a lot of the time, they also tend to take work home and consequently, store important data on their home computers or personal phones, which makes eDiscovery that much more complicated.

Solutions:

  • Work with other parties involved to ensure complete data collection and extraction
  • Work with external eDiscovery consultants for guidance
  • Use advanced eDiscovery software
  • Use data analytics tools

8. Lack of Infrastructure and Expertise for Proper Data Management

eDiscovery requires proper data management that is only possible when the legal team has adequate resources and infrastructure available. Without these, extraction and analysis of data can be quite tricky. Similarly, the team needs to be trained and must have the expertise to use different eDiscovery tools and software.

Solutions:

  • Train team members to carry out eDiscovery efforts more efficiently
  • Invest in the right infrastructure
  • Train team members to use advanced eDiscovery software
  • Utilize the latest ediscovery technologies

9. Disorganized eDiscovery Efforts

Sometimes, parties tend to work on eDiscovery on their own without proper consultation. This leads to a disorganized eDiscovery process where the parties aren’t able to extract all relevant data or secure that data for future legal purposes.

Solutions:

  • Work with external eDiscovery consultants for a more organized eDiscovery process
  • Cooperate with other parties
  • Train team members to carry out discovery more efficiently
  • Recruit a highly skilled team

10. Accuracy

Accuracy is another big challenge and concern within eDiscovery processes. Data can be easily altered or misconstrued and that’s why law firms have to be extra careful to collect only the most accurate data and use it moving forward.

Solutions:

  • Train team members to carry out discovery steps accurately
  • Use advanced eDiscovery software
  • Use data analytics tools to prevent human errors
  • Utilize the latest litigation techniques

11. Security and Privacy Concerns

Whenever there’s any kind of data, there exists along with it security and privacy concerns. Whether that data relates to patients or employees, the privacy of that information is extremely important and presents a big challenge in eDiscovery efforts.

Solutions:

  • Ensure proper security measures to prevent breaches
  • Use advanced eDiscovery software
  • Work with other parties to ensure full privacy of data
  • Train team members to handle data safely

12. Data Intake from Backups

eDiscovery involves data extraction from various sources, some of which are easy and some which are not. Backups happen to fall in the latter category. Since these are used to store information with the intention of protecting it from cybersecurity attacks and system failures, this data isn’t the easiest to obtain.

Solutions:

  • Train team members to extract data from various sources
  • Work with other parties to make data collection easier
  • Work with external eDiscovery consultants
  • Use advanced eDiscovery software

13. International eDiscovery

Many organizations tend to have branches across borders and therefore, their information is also spread out over many countries or even continents. The different laws and cultures can also make eDiscovery a difficult problem.

Solutions:

  • Stay up to date with CPR and international eDiscovery laws
  • Use advanced eDiscovery software
  • Utilize data analytics tools
  • Train team members to handle data from across borders

At GoeDiso, we offer litigation support, secure data hosting servicesDSAR solutions, the latest litigation technologies, eDiscovery tools, and much more. For more information about our services, book a consultation or request a quote!

Copyright © 2021 GoeDisco

Posted in