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Managing workflow tracking in discovery efforts

Analysis

Managing workflow tracking in discovery efforts

How a proactive solution can help you

The “right” solution can allow for consistent, efficient, effective and defensible processes, regardless of the size and scope of the matter.

Electronic Discovery Reference Model

Consider what typically happens when a major incident that could lead to lawsuits occurs. The legal team braces for eDiscovery for the expected complex litigation surrounding the incident. Stress is high and there is pressure to start the engagement right away. According to initial assessments, this is expected to be a small engagement with only a few custodians.

However, as time goes by, additional subpoenas are served and the team identifies more and more custodians with potentially responsive data who may be geographically dispersed. This expands the scope of the eDiscovery engagement by orders of magnitude. At the same time, multiple vendors may be involved at different stages in the discovery effort. Each vendor has its own way of tracking information, so there’s no consistency.

These factors ratchet up the pressure as the stakes rise. Now the team is looking at possibly thousands of custodians amidst a multitude of different data tracking formats which are inconsistent in what they capture. Attempts to determine what has been collected from individual custodians now requires significant effort to reconcile between the different tracking systems. This often makes reporting intensely manual, slow, error prone and extremely expensive.

But what if the organization had a system in place before hand that helped to organize the information gathered and standardize recordkeeping? The one time setup and implementation costs associated with such a solution would likely be significantly lower than repeated, intensely manual efforts to generate collection activity reports on a frequent basis. A standardized workflow that encompasses all aspects of the Electronic Discovery Reference Model (EDRM) can also reduce many of these challenges. Once the legal team outlines specific steps and procedures, each vendor can input its information in a consistent way. This facilitates real time, accurate responses to information requests.

Download the paper to learn more about utilizing a proactive approach to managing eDiscovery workflow tracking.

As used in this document, “Deloitte” means Deloitte Transactions and Business Analytics LLP, an affiliate of Deloitte Financial Advisory Services LLP, which provides a wide range of advisory and analytics services, and Deloitte Consulting LLP, which provides strategy, operations, technology, systems, outsourcing and human capital consulting services.  Deloitte Transactions and Business Analytics LLP and Deloitte Consulting LLP are not a certified public accounting firms. These entities are separate subsidiaries of Deloitte LLP. Please see http://www.deloitte.com/us/about for a detailed description of the legal structure of Deloitte LLP and its subsidiaries. Certain services may not be available to attest clients under the rules and regulations of public accounting.

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Our primary objective is to help our clients address the complexities of eDiscovery and information governance by delivering comprehensive solutions.

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Andy Ruckman

Principal and Market Offerings Leader | Discovery

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Managing workflow tracking in discovery efforts