The benefits of a data-driven eDiscovery program
Before the implementation of technology-assisted review, eDiscovery was a highly manual process that consumed an enormous amount of time and resources. The high volume of data was overwhelming, leading to slower and more challenging eDiscovery processes. The Federal Rules of Civil Procedure amendments of 2006 were a catalyst for the development of technology-assisted review and other innovations, which revolutionized the eDiscovery industry.
As we get closer to the 20-year anniversary of the 2006 Federal Rules of Civil Procedure amendments, it is a perfect time for organizations to assess the current state of their evolved eDiscovery programs using a data-driven approach.
To create a data-driven eDiscovery program, organizations should focus on several components that encompass policy, procedures, workflows, and technology. Addressing the components of governance, service delivery model, people, technology, functional processes, and performance insights and data, organizations can establish an eDiscovery program that is both efficient and cost-effective.
Establishing effective governance helps manage the eDiscovery process efficiently and effectively. This reduces the likelihood of delays, inefficient workflows, and legal disputes that can be costly, leading to significant cost savings.
Creating a clear and efficient service delivery model reduces duplicated effort and workflow overlaps as individual roles and responsibilities are clearly defined. This promotes a streamlined and cost-effective eDiscovery process with a reduction in time and cost associated with rework.
Hiring experienced and knowledgeable eDiscovery team members can help the process run smoothly and efficiently, optimizing performance, and reducing costs associated with inefficient workflows, errors, and reductions in productivity.
Establishing functional processes drives efficient management of the eDiscovery process. This reduces duplicated effort, wasted time, and reduces the likelihood of legal disputes.
Utilizing technology such as technology-assisted review reduces the review time and cost associated with manual document review. This can result in significant cost savings by eliminating the need for additional time spent reviewing documents, reducing the number of review hours required, and reducing the time spent on legal fees associated with review processes.
Capturing performance insights and data allows for ongoing improvements to the eDiscovery program. By identifying areas for improvement and streamlining existing processes, costs and timelines can be reduced.
A combination of in-house teams, service providers, and outside counsel can often be the most effective approach, as it leverages the advantages of each option, providing the organization with greater flexibility, control, and cost-effectiveness.
By focusing on each of these components, organizations can create a streamlined and defensible eDiscovery program. Additionally, optimizing responsibilities, whether by in-house teams, service providers, or outside counsel, can provide flexibility, control, and cost-effectiveness. With the right tools and methodologies in place, organizations can achieve significant cost savings, allowing them to allocate resources to other important areas of their business, contributing to their overall success.
KPMG helps companies optimize their processes and systems through our eDiscovery program assessment. Our team has extensive experience in conducting eDiscovery program assessments, resulting in the development of a set of tailored recommendations that can provide substantial benefits to our clients.
Maximizing efficiency and cost savings: The benefits of a data-driven eDiscovery program
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