In today’s digital world, information is widely spread and stored in different locations. It can be in the form of files, emails, documents or data from various sources. These sources are usually interconnected by technology. For example, an email may have been sent from one source to another or a file may have been downloaded from the internet. In such a scenario, E-discovery forensic services play a vital role in finding out which files are relevant to your case and how those files were shared with other people or companies.
In addition to providing evidence for litigation purposes, E-discovery forensic services can also help you recover lost data that was accidentally deleted by mistake or intentionally by someone else. This would help you avoid paying unnecessary costs related to hiring professionals to retrieve the data that you need for your case.
Why More Law Firms Need to start an eDiscovery Practice?
The legal industry is changing. The traditional practice of law has been disrupted by technology, and eDiscovery — the practice of uncovering, converting and managing electronically stored information (ESI) — is a key component of this disruption.
The demand for eDiscovery services has never been higher. A recent survey by Legal Tech found that 93% of lawyers intend to increase their use of eDiscovery over the next three years.
While it’s true that there are plenty of law firms providing traditional discovery services, there’s also a growing need for firms that know how to handle eDiscovery forensics solution effectively. What is the reason? According to Legal Tech, most law firms are still not treating ESI properly or even understanding what it is all about.
Best Practices for Law Firms to build an eDiscovery Practice
In the past, eDiscovery has been a cottage industry within law firms. Lawyers have learned by trial and error how to implement an effective eDiscovery program. This is changing, however; law firms are starting to realize that they need to invest in an eDiscovery program if they want to stay competitive.
The best law firms will take the following steps to build an eDiscovery practice:
- Hire a Legal Director with Experience Using E-Discovery Technology
- Equip Your Case Management System with E-Discovery Functions
- Develop Policies for Document Review and Production
- Identify and Address Training Needs For All Participants In The E-Discovery Process
New eDiscovery Challenges for Law Firms
The world of eDiscovery is constantly changing and evolving, with new challenges and issues arising daily. The following are some of the most common new eDiscovery challenges faced by law firms today.
Data Security
The growing popularity of cloud computing has led to a greater reliance on the Internet for storing and sharing information. This has created a need for firms to ensure that their data is stored securely, from both an organizational and technical perspective.
Concurrent Investigations
In many cases, law firms are conducting concurrent investigations into multiple matters at once. While this may seem like an obvious way to save time and money, it can actually create challenges when it comes to managing all of the data involved in these concurrent investigations.
Data Breaches
Data breaches continue to be a concern for businesses across all industries. In particular, this concern has increased significantly since the 2016 presidential election was hacked through Russian actors using malware targeting U.S.-based political organizations such as the DNC, DCCC, RNC and numerous state party organizations.