eDiscovery Processing Challenges and How Technology Can Help
The processing stage of eDiscovery is like the forgotten middle child of the EDRM. Most people working in eDiscovery are focused on how to best preserve and collect data, and then how to find what’s relevant from that collection during review. The processing stage – which falls between those steps – is usually just expected to happen. Like magic. But processing isn’t magic. It’s an important and challenging step in the eDiscovery process that many people may overlook.
Challenges from a Developer’s Point of View
Scott Kirk, Product Manager of Processing at Ipro, said that one of the biggest challenges when it comes to developing software for this stage is the, “near infinite file types and variations within each type.”
This isn’t something that’s hard to grasp when you think about it. Just look at all the programs and applications you may use in a given day: email, chat, social media, planning and content-creation tools, etc. All of these create different file types. Different versions of the same program or application create variations, and different formatting within each of those can create still more variations. So even something as common as a word or an excel file may seem straightforward, there are so many variables that have to be considered (reverse engineering, deconstructing them, gathering the metadata, text, etc.) when getting those collected files into review.
While adapting to new file types is important, Kirk also raises the issue of knowing “how soon to support a new ‘fad’ file-type? Is the work worth it, is the type prevalent enough to warrant the effort, time, and money to support it if one customer comes across an unusual file type once a year?”
Challenges from the User’s Point of View
Tom O’Connor, director of the Gulf Coast Legal Technology Center and well-known industry thought-leader notes three main challenges when it comes to the processing stage:
Loading Data: “Load file prep is still a mess. I (and people I work with) still get up to two-thirds of their load files with errors.”
Separate Programs: “Being able to load data into the program which will also do the review is a major help, instead of having one program for processing then moving it into a separate review program.”
Exception Reporting: “This is absolutely crucial, and it’s astonishing to me how many programs don’t do it or do it in an incomplete manner.”
Steps for Creating a Smooth Processing Stage
Know Your Data
As with most things in eDiscovery, knowing your organization’s data landscape is a good first step. Find out what programs are being used for communication and data creation and include them in a data inventory. That way if litigation should arise, you will have a heads-up for particular file-types that may be easy enough to preserve but might cause issues during processing (such as Slack or other new data types).
Don’t Wait Until It’s Too Late to Start Researching
If you’re a corporation, don’t wait until litigation is imminent to begin researching potential eDiscovery software and service providers. Know the different options which are available to your organization and which would fit your individual needs.
If you’re a law firm, it’s easy to get stuck in a “that’s the way we’ve always done it” mentality. Be on the lookout for trends in new file types that organizations are using, as well as ways to streamline the speed and outcome of data processing. You can also look for a powerful processing engine that built into an advanced Review tool. The goal is to get to the facts of the case as quickly as possible. Which means that processing shouldn’t get in the way of moving collected data into ECA and Review so that relevant data can be identified.
If you’re a service provider, you’ll also want to research if a processing engine can operate by itself or if it’s part of a larger suite of eDiscovery tools, along with any connectors available that would allow you to hook into other applications your clients may need.
Look for a Technology Partner
Fortunately, you don’t have to do all of this alone. After understanding your data and what your processing needs might be, look for a vendor that will partner with you, not only with their software, but also with the ability to provide services and support on demand, so that any situation that may arise can be handled quickly, accurately, and efficiently.
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