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Tech Firms Pitch Tools For Sifting Legal Records Print E-mail
The Wall Street Journal had a great point today that technology companies are beginning to realize the value proposition of lowering the costs around discovery. What seems to get lost in translation is the reality? I am not sure how many lawyers really have rolled up their proverbial sleeves and tried to deploy and archiving solution. Those who have or those who have dealt with the reality that the policies on record do not synchronize with technology or halt the operation of business realize that technology companies have a long way to go down the path. Of course, the use of such technology is certainly better than doing nothing. It is sort of picking between lesser than two evils. We all realize that when a company appears before a judge the “we have policies but no documents” is likely to not be a fantastic and/or winning legal argument. Of course, it seems that having all the documents is certainly leaving many document review lawyers salivating for the next big transaction. While the technology highlighted in the Wall Street article can be effective with varying degrees of success in solving these issues, it really comes down to synchronization. Personally, as someone who has deployed technically a substantial number of the solutions highlighted, it was not easy or pretty. The end result for the client is substantial savings, but it is a result of synchronizing policies with the technologies that end up being deployed. We can all agree that paying third-party vendors to identify, collect, and preserve data that resides on your companies systems, which depending on the matter is more than your entire teams salary for the year, does not represent justice or fairness or equity. The reality, however, does indicate that companies are realizing this is the case and are embarking on addressing this cost, and of course giving bonus to the internal IT team in the process. The journey is filled with a windy and tricky road filled with people asserting they have subject matter expertise and selling all sorts of things that certainly send companies down the wrong path. I am certain that over the next several years the marketplace is going to evolve and the journey will certainly be quicker and more efficient.


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1. 28-08-2008 11:24
 
I work for a law firm and my team and our attorneys are very involved in this issue. In fact, we have a team of both attorneys and technology consultants who work together with our clients to try to address exactly the issue you mention. We are very familiar with the problem since we tackled it for our own systems beginning back in 2002 when we started dealing with email management. 
 
What I find to be the largest obstacle for most technology projects, and this one is no different, is that people do not want to change their work habits. In order to truly succeed at implementing a good records/document/email management system, people will need to change their processes. The key to success can usually be found in having the legal team and the technology team work together to gain buy-in for those changes. It can't be something that is mandated through systems or by the technology team. Like many other systems we manage, we provide the tools for the work, not the work. For example, we provide accounting systems, but the accountants have to use them well. We provide resource management systems, but the users have to use them properly. In the e-discovery world, we can provide the tools, but the users will need to learn how to use them properly. Our biggest challenge, as always, is to ensure the business process is good. Then the technical challenges are much easier.  
 
The good news is that the same processes that will work for e-discovery will also help us manage our systems. How many technology departments have wanted to control the wildly expanding size of email storage? By implementing good categorization and archiving policies for e-discovery purposes, we also gain the benefits of better system management. While the e-discovery management issue can be difficult, in the long run it can also be a win for other technology initiatives.
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