eDiscovery has matured into a petulant toddler. At least, that is the sentiment of a panel discussing the “State of the eDiscovery Software & Service Market” at LegalTech. Since its inception in December 2006 as an amendment to the Federal Rules of Civil Procedure (FRCP), electronic discovery, has grown exponentially; however, the means to harness and extract pertinent discovery has not evolved inline. This is rapidly transforming.
Technology will nurture eDiscovery into maturity. According to the panel, law firms and corporate counsel will better utilize technology with all forms of eDiscovery. These types of eDiscovery data, including voice, video, and real-time streaming coupled with the sheer volume and the speed of accessibility is simply too overwhelming for human consumption. Technology is the answer, but how?
The answer lies in what trends we will see in 2013:
What do law firms plan on initiating in the next year:
Ultimately, the panel suggests that law firms will be replacing a large portion of internal litigation support services, i.e. processing, hosting, and support with managed services partners.
Final anecdote: Howrey, one of the largest law firms to collapse a few years ago, always has been cited for accounting issues as the basis of its demise. However, one person noted that a little known major contributing factor was that they were “eDiscovery inept.” Essentially, vendors had better eDiscovery solutions, and Howrey spent too much on human resources instead of technology for its discovery needs.
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