The Legalities at LegalTech: Preparing Records for Discovery
The main topic discussed at the LegalTech show earlier this month was apparent from the moment one stepped on the show floor -- it was all about e-discovery. The questions flying among speakers, attendees and exhibitors ranged from e-discovery readiness to the financial and human capital costs of e-discovery preparedness.
The importance of being prepared for e-discovery across all business units within an organization is not something to take lightly. By not having a comprehensive plan for the systematic management of physical and electronic records from discovery through production, companies can face many challenges like high costs and difficulty in meeting regulatory, discovery and litigation deadlines. Not to mention being unable to pro-actively or defensively locate “smoking gun” content that can turn up within email systems.
I’m not trying to scare companies into discovery planning, but it really is time for organizations of all sizes to place e-discovery in the ranks of other business functions including IT, operations, security, ethics and finance. When implementing an e-discovery system, a holistic approach is the only sound strategy for success. Companies should identify a solution that will take into consideration the business culture, process and technology currently available to create a valuable program. This should include a policy for the enterprise that will comply with all legal requirements, fit within the organizations’ records management business needs, and provide overall accountability. The e-discovery vendor that can provide the services a corporation needs while streamlining the discovery process, ensuring accuracy, meeting deadlines and controlling costs is the ideal choice.
Implementing an e-discovery program requires sound processes built on easy-to-understand, accessible policies and procedures to ensure compliance and mitigate risk. While up-to-date technology is essential, it’s only one component of a complete e-discovery management solution. The vendor that also offers full client services and 24/7 support is a safer bet in the complex and fast-paced arena of corporate litigation.
Ken Reiff
Manager, Business Development
Xerox Litigation Services