Over the past decade, the explosion in electronic data has driven huge demand for smarter, more efficient eDiscovery platforms. A recent survey asked ediscovery users about the source of their frustrations, and found that only 8% of legal professionals were satisfied with their eDiscovery technology. Legal professionals deserve better. Discover The Costly Shortcomings of Legacy Ediscovery Solutions

1. EXECUTIVE SUMMARY
Over the past decade, the explosion in electronic data has driven
huge demand for smarter, more efficient electronic discovery
(ediscovery) platforms, yet the vast majority of attorneys and
discovery professionals are dissatisfied with their current ediscovery
solutions. A recent survey conducted by Thomson Reuters asked
ediscovery users about the source of their frustrations. An
overwhelming 92 percent of respondents reported there is room
for improvement in ediscovery technology.1
The top three shortcomings cited by respondents as their top issue
included:
• Technology needs to be easier to use (50 percent)
• Lack of power and capability (34 percent)
• Inadequate customer service (12 percent)
In addition to these shortcomings, the cost of ediscovery will
continue to balloon as data volumes increase, often leaving law
firms in the difficult situation of having to balance budget
constraints with the quality and reliability of the technology in use.
KEY TAKEAWAYS
• Efficient, cost-effective ediscovery platforms are critical to legal
and business communities.
• More than 90 percent of users are still looking for a
comprehensive, powerful and easy-to-use discovery
platform that will provide them control over their everyday
ediscovery needs.
• Ediscovery technology should give users more control over
the discovery process, instilling the confidence to put their
reputations on the line with each discovery production. This
control should come from a combination of speed, reliability
and accuracy.
NEXT-GENERATION EDISCOVERY CONSIDERATIONS
When assessing ediscovery solutions, there are three key elements
organizations should consider:
Ease-of-Use
According to the survey, 84 percent of respondents reported an
ediscovery platform’s “ease-of-use” is “very important” to them.
More than one-quarter (26 percent) of respondents also noted that
their current platforms are confusing and difficult to work with.2
Currently, users are dealing with legacy software solutions that have
been cobbled together, feature by feature, over time. Many legacy
providers have simply built “additions” onto their outdated
platforms, making the software and user experience increasingly
complex. This has not gone unnoticed by legal professionals. In fact,
70 percent of survey respondents said intuitive workflow is “very
important” to them.1
Ideally, an ediscovery solution should be seamless and intuitive, built
from the ground up to handle the complex tasks users demand.
Today’s ediscovery users understand that ediscovery is not a linear
process, but more often than not their solutions do not take this into
account. Ediscovery technology should enable lawyers to work in a
non-linear fashion to match the non-linear fashion of litigation.. A
ground-up approach to ediscovery includes intuitive tools and
functionality that are familiar to its users, and utilizes the latest and
more advanced technology now available.
Software Reliability
The discovery process is a high-stakes component of any legal
action. Legal professionals put their reputation on the line with each
discovery production, and they should have confidence in their
ediscovery platform. When ediscovery breaks down, the results can
be damaging to reputations and bottom lines. In Qualcomm Inc. v.
Broadcom Corp., Qualcomm’s trial team failed to tag 300,000
relevant documents until well after the close of discovery.
Qualcomm was sued for $8.5 million in discovery sanctions, and the
attorneys involved were referred for disciplinary actions.
The Costly Shortcomings of
Legacy Ediscovery Solutions WHITE PAPER
Attorneys are well aware of the risks involved in unreliable discovery
programs. Eighty-four percent of survey participants rated
“reliability of the technology” as “very important” when considering
an ediscovery system, yet legacy software does little to instill
confidence in its reliability.1
Forty-two percent of respondents
reported issues with slow document load times, and 39 percent said
they had problems loading documents.2
Ediscovery technology should be reliable and consistent. With an
increase in data volume, ediscovery solutions are seeing an increase
in users and data processing, but not all providers have the
systematic infrastructure to support the high demand, leaving
systems down and users frustrated during a critical moment in the
litigation process. Backing ediscovery technology with a robust
infrastructure is crucial to eliminate crashes and downtime,
especially when multiple users are simultaneously logged in or
attempting to run complex search queries.
Avoiding software crashes and downtime is only one element of
software reliability. When the system is properly functioning, it
should perform with bulletproof accuracy. Some recent entrants into
the ediscovery field claim to provide great speed in their data
searches. However, speed means little if accuracy is sacrificed.
Transparent, Predictable Pricing
In today’s economic climate, law firms and in-house legal teams are
feeling immense pressure to contain litigation costs and drive down
their client’s bottom line. Legacy ediscovery programs were not built
with these considerations in mind. They often come with byzantine
pricing structures that charge users piecemeal for every common
task throughout the process. This makes it difficult for legal
providers to predict accurate costs.
Complex pricing policies also lead to large spikes in cost and
uncomfortable conversations with clients and stakeholders. Pricing
around these platforms needs to be up front, transparent and all-
inclusive to ensure greater predictability and cost efficiency.
THE BOTTOM LINE
The shift from paper to electronic discovery has done little to stem
the tide of increasing discovery demands. It has contributed to
greater data processing needs. Legal professionals engaged in the
discovery process must have confidence in their ediscovery
platforms, but they often do not as legacy systems are failing to
provide reliability and predictable pricing.
Legacy ediscovery platforms do not provide users control over the
ediscovery process. Some programs may boast greater speed, some
say they are easier to use, and others claim they have simple pricing,
but based on the survey results, it is evident that one or two of these
elements is not sufficient. The next-generation platform in
ediscovery will provide control over much of the discovery process,
giving users the utmost confidence that their platform will not only
function, but do so with speed, power and predictability.
CITATIONS
1
Icanmakeitbetter and Thomson Reuters. “E-Discovery Partners.” Field Research:
4 Feb. 2015 – 10 Feb 2015.
Participant Background
Survey participants included 50 current ediscovery community members involved
in 1+ matter(s) requiring ediscovery technology or solutions in the past 12 months.
Participants were asked which of the following best describes the organization in
which they work:
- 54% - Law firm
- 24% - Government
- 20% - Corporation
- 2% - Non-profit
2
Icanmakeitbetter and Thomson Reuters. “E-Discovery Partners.” Field Research:
4 Feb. 2015 – 10 Feb 2015.
Participant Background
Results are based on 38 of the survey participants who currently use an
ediscovery partner.
© 2015 Thomson Reuters S027875/12-15
For more information contact your Thomson Reuters representative at
1-800-937-8529 or visit legalsolutions.thomsonreuters.com/lms.