Are clients and counsel on the same page when it comes to e-discovery? A recent Above the Law report highlighted some of the questions posed in an e-discovery survey by the Cowan Group and the important answers for firms and vendors.
It’s not the explosion in electronically stored information (ESI) that keeps clients up at night; it’s whether or not lawyers and vendors can root out the data in the “cyber nooks and crannies” early on. No client wants to have to take the “embarrassing step” of admitting they weren’t able to produce the entirety of responsive material.
For clients, the variety of data sources, as well as an increase in cloud repositories, inadequate tools and technology and more, are real pain points. There are several steps that they’re taking to solve them, including insourcing (68 percent), working on the process (84 percent), reaching for technology (48 percent) or other (83 percent), which is defined as a hybrid insource/outsource option or to be determined.
The report urges that though the survey reveals that clients are going to their people within, “firms and vendors shouldn’t sleep on these results.” There’s a great deal of opportunity to partner with clients on these issues, especially since “in-house counsel don’t have the resources to pull this off on their own.” But the key is to really listen to what clients are saying.