5 Common Ediscovery Misunderstandings

Keeping up with the ediscovery space is tough, especially when it is constantly growing and evolving. Perceptions that might have been true a couple of years ago are simply not true anymore, but they still live on. Here are some of the most common misunderstandings.

 

1) Myth: TAR replaces human review

TAR doesn’t replace human review

Although technology-assisted review (TAR) tools eliminate the need to review every single document in a collection, they do not necessarily replace human review. In most cases, you still have to apply human judgement to train a system. In general, TAR tools should be used to augment your expertise and to make your work more efficient, not to replace it.

 

2) Myth: Only big cases benefit from ediscovery

Today’s cloud-based ediscovery solutions benefit more than just big cases. These tools often omit the big expense and commitment of in-house solutions and help make ediscovery work more efficient even for solo practitioners. Thoughtful planning and analysis are still necessary when dealing with smaller cases, since managing costs in relation to the scope and goals of the matter are still a consideration.

 

3) Myth: Ediscovery is overly complicated

It’es true that some ediscovery solutions are complicated to use, but there are many modern options that aim at making ediscovery software as easy to use as the consumer technology in your day-to-day life. Many tools are as easy to use as your smartphone and as simple to navigate as Facebook. You can opt for one of these tools and rarely have to worry about memorizing a special search syntax or understand the nuances of machine learning.

 

4) Myth: Lawyers don’t really have to understand how ediscovery works (IT does)

Some claim that legal knowledge alone demonstrates competency, but that is not true anymore. As a lawyer, you also have to keep up with the rapid pace of technological change to be the best that you can be – and to avoid potential ethics issues. As a litigator, a lack of knowledge about the technical aspects of ediscovery will often have a negative impact on your work, as it leaves room for misunderstandings and mistakes.

 

5) Myth: Ediscovery tools are always expensive

There are ways to make ediscovery affordable. Cloud-based alternatives often offer simple pricing plans, wherein you only pay for the amount of data you store, without long contracts. Some vendors even omit set-up fees or training costs, reducing the risk of trying the latest technology. Review makes up the bulk of ediscovery costs, but there are ways to cut that cost as well. For instance, you’ll save money and time by using deduplication features and by taking advantage of TAR tools. The key is to manage your expectations from the beginning, plan, analyze, and be mindful of every step of ediscovery.

 

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