Extract from BDO’s article “E-Discovery Journey: How To Tackle & Manage 5 Common E-Discovery Challenges”
The exponential growth of data and data file types has shaken the legal industry. Methods used to respond to requests for information have transformed from traditional paper-based processes to the innovative techniques required to handle electronically stored information (ESI).
The business world is creating and storing more digital information than ever before, which further complicates both the overall cost per custodian in regulatory compliance, investigatory, and litigation matters and the attorney’s role in document reviews and reporting. Because much of an organization’s data could become subject to discovery requests, it has become increasingly important to use swift, targeted action that produces comprehensive results. Simultaneously, attorneys today are typically expected to review even more data but with fewer resources than ever, all in an environment that
includes ever-shifting requirements.
Getting to the heart of high-stakes legal, regulatory, or reputational issues requires wading through data from multiple sources and in multiple formats. Today, the task is challenging even for seasoned attorneys and IT professionals. Lawyers and their staff may find themselves orchestrating data mining exercises to ensure that they send legal hold notifications that safeguards all appropriate data in compliance with applicable laws, data security, and defensibility. Of course, under the Model Rules of Professional Responsibility, the ethical duty to preserve client confidentiality stands at the forefront of any challenges associated with e-discovery. To navigate these obstacles without slowing down the business, organizations need the right combination of innovative technology, legal experience, and business perspective.
