Key benefits of an eDiscovery workflow

The complete eDiscovery workflow is made up of several key stages, and various workflow elements. How each is deployed and managed will depend on the nature of each matter and the combined efforts of the legal team, their client, their eDiscovery partner, and the technology itself. A good eDiscovery partner will develop a workflow that helps the legal team to:

• Increase the efficiency of their review by removing irrelevant documents and accelerating the rate at which they can review key documents

• Improve the accuracy of the review process by leveraging the various eDiscovery tools and processes, creating transparency and accountability through automation and quality assurance

• Reduce the risks inherent in the review process (such as delay, error, and poor expectation management) relative to traditional review methods.

There are some key examples of where the elements of an eDiscovery workflow can positively impact the review process.

Consider

Identify potentially relevant data and document repositories

The volume, type and location of potentially relevant data is growing rapidly. A good eDiscovery partner can work with the legal team and the client to map out the potential data sources, ensuring that all are accounted for and all critical document sources are accounted for. Appropriate plans for a proportionate, accurate and timely collection can be developed to suit the matter type.

Collect potentially relevant data and documents from their source, accurately and defensibly

Collecting data for a legal process is more complex than a copy and pasting. A good eDiscovery partner works to ensure that data collection is defensible in the context of the relevant legal process. This process will also ensure that the resulting eDiscovery processes can achieve maximum positive impact.

Sort and order collected data for review

With larger volumes of data, it is sometimes difficult to know where to start. A good eDiscovery partner works with the legal team to understand their case and help them to find the documents they are looking for, as quickly as possible. They will use specialist systems to index all the data making it possible for the legal team to conduct quick and accurate searches and begin their review, free from junk and duplicates.

Analyse, interrogate and segment data

A good eDiscovery partner can use the full array of eDiscovery technologies to provide initial insights into data and documents that can help inform a legal team’s review workflow. These insights are clearly reported and actionable, facilitating an efficient, accurate, targeted review of potentially relevant information.

Review documents with the assistance of advanced technology

Any review process must be transparent and accurate, regardless of size. A good eDiscovery partner will structure the workspace to ensure that the legal team can conduct their review efficiently and effectively. The eDiscovery systems can identify what is relevant, privileged, confidential, and an array of custom issues. Each time a decision is made on a document it is saved as a work product that can be shared with other team members and used to build the case.

Finalise relevant documents for use outside of the eDiscovery platform.

The most common form of export out of an eDiscovery platform is for discovery or disclosure. The work product generated in the Review stage, the structure of the workspace and the technology itself should allow a good eDiscovery partner to conduct this relatively quickly (and much easier than manually preparing lists of documents the old way). However, there is a range of other reasons why documents are exported such as hardcopy print bundles (with sets easily ordered and converted to print format), chronologies (prepared within the review platform using review work product generated throughout the review), exhibits/annexures to witness statements and other evidence (whereby the eDiscovery partner scans those statements for document references and extracts them, hyperlinks them and orders them), as well as trial bundle preparation (suitable for both hardcopy and digital formats).