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Three tips for successfully taking control of eDiscovery

Jeffrey Wolff
Sep 9, 2015 9:25:59 AM

Every organization wants control of their data. That means knowing what they have and where it is. However, that is becoming more difficult as data becomes more varied and grows in volume. This can be challenging especially during a discovery process. If your electronic house is not in order, you will have a very difficult time finding anything especially under a tight deadline.

When organizations decide to bring eDiscovery in-house, it is to address an eDiscovery challenge such as Legal Hold. However, there are benefits to bringing eDiscovery in-house. The most obvious one is the reduction in costs. If using an outside party to collect the data, that third party vendor is starting from scratch. It will take time and resources for them to get up to speed on the process, where the data is and how to efficiently collect it. However, if eDiscovery is in-house, the internal staff will already have an advantage of knowing where the “skeletons” in the data may live; they will have access to data and servers that the outside vendor might not know about along with the history of where the data is stored and why.

Once the decision has been made to bring eDiscovery in-house, how to do you ensure that its implementation is successful? The process of bringing eDiscovery in-house needs the support of the entire organization from the top to the bottom. What we’ve seen is that organizations that are successful in taking control of their eDiscovery have the following in common:

1)      Well-trained, experienced people

To successfully implement eDiscovery in-house, there needs to be a well-trained staff that feels empowered to help drive and improve the organization’s discovery processes. There’s need to be support at all levels of the organization to ensure that they have the latitude and opportunity to implement the solution as an integral part of the organization’s processes.

2)      Investments in technology

It’s not enough to just bring in the technology. There’s need to be investment from the organization in the infrastructure to ensure that it can support the eDiscovery technology and all its functionality to its fullest extent. For example, if you are expecting to process 14 GB of data daily, then the infrastructure needs to be able support the processing of that data at an optimal speed. Otherwise, the technology will be blamed for not being able to handle such a large amount of data.

3)      Processes and procedures

Organizations who are successful in bringing eDiscovery in-house have spent time and resources to develop the processes and procedures necessary to leverage the technology in place. You can’t just expect to bring in new technology and not have processes that outlines how data will be collected, reviewed and produced.

By deciding to bring eDiscovery in-house, organizations not only have more control of the data and the discovery process, but also will see a balance between the costs, risks and efficiency associated with a discovery process.