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Revisiting the Electronic Discovery Reference Model at IQPC
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Recently I attended an IQPC conference
where John Muldoon, from EMI Capital, and I were co-presenters, speaking about
the Legal Business Marketplace and how rapidly it is growing
. One
question that was raised during our presentation was, “Is the EDRM model
outdated, based on the technology toolsets currently available?” This question
inspires another question, “Is the EDRM model, so heavily relied on, hampering
the evolution and delivery of the techno-legal solutions that enable the market
to evolve?”
(See www.edrm.net)
The IQPC attendees suggested that perhaps
In-house counsel , the people on the front lines, can use technologies that
collapse the identification, preservation, collection, and first pass review
into a single step enabling “early case assessment” and allowing them to
achieve substantial cost savings.
While my personal position on
this question is still evolving, I certainly feel that the attendees raised
valid points. It is beyond refute that organizations that acquire the ability
to seamlessly identify, preserve, collect, and review when seeking to establish
the specific facts relating to a particular issue potentially place themselves
in a stronger legal position.
Irrespective of the legal benefit, it is
clear to me that if In-house legal departments could achieve visibility into
the “creation-to-court” cost of information it would be easy to measure the
effectiveness and cost-benefit of e-Discovery technologies. In addition to the
business benefits, the same information could be presented to the court to
support cost shifting arguments. With this information, the courts could make
more informed findings on shifting costs.
I welcome comments and thoughts about the
legal process and technology–especially thoughts related to the questions, “Has
technology evolved beyond the confines of the EDRM model?” and “Is there
monetary and/or legal value in having email creation- to-court cost
breakdowns?” and “Can this cost be calculated?”
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