To ensure value, eDiscovery projects should look to both provide a compelling narrative to the trial team, as well as continuously improve case outcomes by facilitating case management.
The goal of eDiscovery should be to provide value in enabling better client outcomes. As we talked about last week, value implies more than just a defensible production, which is the bare minimum. Value from eDiscovery comes in two additional ways: (a) providing a compelling case narrative as work product after the review, and (b) facilitating the trial team’s interaction with the data by a thorough understanding of the needs. Last week, we talked about why this is important. This week, we will cover some practical impediments that exist in the eDiscovery industry at large, and then cover some practical solutions to the challenge of providing better eDiscovery value.
Impediments to Facilitating Better Outcomes
Why has so much of the eDiscovery industry stopped short of delivering real client value?
Part of the answer is that eDiscovery’s intrinsic nature as a “manufacturing process” activity has been poorly understood across the legal industry, directly leading to high costs and inconsistent results. Stated differently, if each eDiscovery project is treated as a special snowflake, ignoring that eDiscovery is a repeatable process, the variability of the results/outcomes will get the attention. If eDiscovery is seen clearly as a manufacturing process, however, process deviations will get the attention. (more…)