Benefits of eDiscovery Providers for Data Processing

Most, if not all, of the cases brought today involve e-Discovery. Almost everyone is texting, emailing and using ephemeral messaging apps. Think about how few people you see interacting face to face these days – not just because of COVID-19 but because of the tech boom and our obsession with our cellphones. Now imagine being sued – or suing someone else. Surely your opponent is going to want to look at your posts, and you would want the same. Let’s limit our attention to text messages for a second: think about the volume of messages you send daily – double that now, because I can almost guarantee you’re underestimating.

How do you capture such massive data – and not just capture it, but process it, examine it, and produce it? With the help of an e-Discovery provider. Even if you think the data set is relatively small, there are many advantages to using a vendor rather than trying to collect, process and produce the data yourself. One advantage is efficiency. I often hear complaints about vendor costs, but imagine the billable time you’ll spend attempting a production on your own. Above all, you are much more likely than a supplier to make a mistake that requires additional production. The time will add up and the headaches will pile up.

Another advantage of using a vendor is that you can learn more about your data than with data collected directly by a custodian and reviewed outside of a specialist review platform. For example, Gmail recently added metadata fields that, when included as part of data processing, help organize emails into the same unique threads that Gmail users see in their inboxes. reception. This Gmail linking process, called an email thread, can only occur within a review platform. Analytical tools such as email discussion thread, predictive coding/machine learning (to prioritize the most relevant documents) and document workflow (automate routing and distribution of documents to streamline review ) not only allow for accurate and efficient review, but they also make it more likely that all “compelling” submissions will be in the early stages of review. This will help you better assess your legal claims, ask your opponent the right questions during depositions and in written discovery requests, and assess the settlement value of your case.

In the e-Discovery space, we talk about forensic collections. By using an appropriate vendor with trained and certified analysts, you can be confident that the data is complete and complete, avoid re-collecting, and maximize the chances of finding the story in your documents sooner.

©2022 Strassburger McKenna Gutnick & GefskyNational Law Review, Volume XII, Number 48

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