Ediscovery Trends

Trends in Ediscovery and Litigation Support

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  • When it comes to choosing litigation support software, there are a few options out there.  You need to assess what data you have (or could request via discovery), how you are going to analyze that data, and how you are going to leverage that data to better help your client.

    There is no one-size-fits-all solution for litigation software, and you have to make some important decisions when selecting an appropriate platform.  First, how much data will you be receiving and in what format will it be in?  If the only responsive documents are some emails, what format will they be provided to you in?  Can you just open and review the files through a native application on your computer?  If so, great!  But if some responsive documents are part of a complex specialized software package (for example, AutoCAD files), will you be able to review them properly?  You may need a litigation support vendor to convert those files to TIFF for you.

    Better yet, have those special files reviewed by an expert – converting documents to TIFF can eliminate the actual value of a file.  Think of what you use a spreadsheet for – you can have formulas in certain rows and columns, you can sort columns by any number of criteria, etc.  Now, if someone took away your computer and replaced it with a printout of that spreadsheet, try getting some work done!  That’s what happens when a heavy-handed solution is used where some precision is required.

    Another thing to consider with your litigation support software is how many people will be using it to code?  Factor in the cost of actually training people on how to properly use the software.  Too may times we have had to deal with users who only bothered to learn enough to get by, but when a deadline comes up, they need to know how to perform complex searches, bates number documents, endorse documents, and get them to the court by 5:00 P.M.!  Often, after the deadline has passed, that same user will come back and say “boy if I had known what this software could do earlier, I wouldn’t have needed to rush.”

    So with ediscovery software, there are many factors to consider.  Anyone who flat out tells you that XYZ platform is “the best” probably has limited experience with other platforms.  Each has its use and purpose, but of course, we all have our own preferences!

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  • There is litigation support software for nearly every stage of litigation. Litigation software can help you identify, preserve, and collect important data. Legal software such as LAW or IPRO can also help you cull down these documents. Litigation support services provide a wide range of ways to review and code your electronic documents. Concordance and Summation are two of the top document review platforms today. Many of these software services are becoming web-based, so contract attorneys can review documents from anywhere in the world.

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