eDiscovery is a long and strenuous process that requires painstaking attention to detail. While robust eDiscovery management protocols, can greatly reduce the burden of work, unexpected problems will inevitably transpire. Thus, you need to be aware of eDiscovery crisis handling so that you can meet deadlines, comply with court orders and minimize associated costs.
Handling eDiscovery Crisis
The best way of handling unexpected discovery crises is to prevent them from happening in the first place. Prevention is better than the cure and this holds especially true for eDiscovery.
Thus, you should review your eDiscovery strategy and scrutinize it in detail to uncover any weakness or deficiency from which problems could transpire. Anticipating risks will help you to devise strategies for mitigating such risks and specifying the best way of resolving them should they materialize. Thus, you should analyze each risk separately and then formulate a mitigation plan for it (to prevent it from happening) and how to remediate it when it does happen despite your best efforts.
Here are certain problems that can take a toll on your eDiscovery workflow.
Data anomalies, as well as exception files, can impede the process for data review. During eDiscovery, you will find that there are exception files that you cannot process. If it is possible to process them, it will invariably require a lot of effort.
To get around this, you can talk to the opposing counsel on how to manage such files, so that processing effort is minimized. You will also have to find a way of keeping these files in the pending state while you deal with the remaining files. This will prevent such a problem from holding up your entire eDiscovery process, while you are trying to find a solution for it. There is a better chance of now meeting deadlines and minimizing the effort involved.
Longer Than Expected Review
The review process often takes longer than expected. There is a risk that you will not be able to complete it before the deadline. You can minimize this risk in several ways.
You should gather as much information as possible about the document collection effort such as file under review, the total number of pages, pages per document, and the number of documents.
It is then necessary to assess how many reviewers are required and how long it will take. You can then conduct a pilot review with a small number of reviewers to see how long it practically takes and what you can do to expedite it. You will have to monitor the process diligently to address problems as they arise.
Such proactive management will help you to bolster and sustain productivity.
The risk of litigation has never been higher and eDiscovery is a process that is fraught with all kinds of unexpected issues. Thus, it is necessary to speak with experts so that you can implement a sturdy system that mitigates eDiscovery problems before they materialize.
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