The NZ E-Discovery Blog  Facilitating proportionate and efficient e-discovery

Myth 4 – eDiscovery is too costly and complicated

May 26th, 2021

Too often I hear “I just find eDiscovery so complex and frustrating and usually turns out to be more expensive than I expected”. Ironically this is the rationale of why many do not embrace eDiscovery software or invest the time at the outset of the matter.

But it does not have to be this way.

As I often say, eDiscovery is not expensive – eDiscovery done badly is !

Many of the mistakes made in the discovery process are made at an early stage, which can prove very costly later in the proceeding.

The rationale “We have always done discovery this way” no longer cuts it !

What may have worked 10 years ago, last year, or last week may no longer be the most effective way to manage the discovery process.

We have to adapt how we work

In the past we did not face the volumes of electronic information that are now present in most organisations. We are all communicating differently than we did in the past, whilst the devices we use to communicate and store information are evolving exponentially. Like the rest of the world, the volumes of data experienced in the discovery process in New Zealand continue to increase rapidly, requiring smarter ways to manage this information.

If not then eDiscovery can be complicated and costly !

This requires considerably more work earlier in the discovery process to prevent the cost and burden spiraling out of control. The time invested at the outset could save thousands down the track, not to mention lessening the burden for you and your firm.

Just because you have always carried out discovery in a certain way, doesn’t mean that there are not more effective practices available.

The eDiscovery process can be notorious for its unnecessary ‘churn’ and inefficiencies. This does not need to be the case. We need to look at smarter ways to get in and only get what you need, whilst doing so in a way that is efficient and cost effective.

Evaluate your existing approach

When exploring the perceived cost it is worth understanding the cost of an alternative approach. It should be considered how much time is wasted in a manual approach, together with if your legal resources can be better utilised. Using the appropriate eDiscovery software will help lawyers be more efficient in how they operate – something that all clients would expect.

As mentioned previously the benefits of the eDiscovery software is the capability far beyond just the discovery process.

Most eDiscovery software also allows you to be a lot more self-sufficient. Gone are the days of multiple training sessions before you get underway or requiring external support every time to action something or ‘turn on’ additional functionality.

Any suggestion that eDiscovery software can be too complicated to use, is probably a fair assessment in the past, but not now. Most products are more intuitive and have improved the user experience – not dissimilar to other technology that is user friendly and easy to navigate your way around.

How can we do this better?

If you do find the discovery process expensive, complicated and time consuming, then it is at the very least worth investing an hour at the outset of the matter to consider the best way to approach the exercise. Even on the smallest of matters, investing an hour can provide considerable value as the matter progresses.

Just as with other misconceptions with eDiscovery and eDiscovery software I have explored, these myths can be dispelled by simply investing time earlier in the discovery process, coupled with deploying the right eDiscovery software.

Again, the objective of discovery should be to get only what you need and do so it a way that is quick and cost effective.

 

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