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WHY ARE THE COSTS OF EDISCOVERY SO HIGH?
Data is everywhere. eDiscovery specialists are now being asked to pull data from drones, mobile phones, and social media. Deadlines are usually extremely tight, and due to the drive towards early settlement, most companies leave the process to the last minute, hoping litigation will not eventuate. This leaves no time for undertaking a competitive procurement process, training staff, and/or acquiring the resources needed to undertake an eDiscovery project. In addition, the crux of eDiscovery is filtering through information, deciding what is and what is not relevant. However, any material that is discarded must be done so with a justifiable reason, and a note must be kept of where the information is now being held. This is known as the ‘chain of custody’.
The process of delivering the data in a forensically defensible manner also adds to the cost of eDiscovery. One’s first instinct is to simply copy and paste information from the original source; however, this changes the date on the file. Special software is needed to extract relevant data once it is identified and protect its forensic credibility upon delivery.
BRINGING EDISCOVERY IN-HOUSE TO MANAGE COSTS
Every dollar or euro spent on eDiscovery early can be worth $20-$30 dollars later on. This is because allowing machine-learning to identify and filter out irrelevant data as far as possible before it is passed onto an external legal team can save thousands of dollar in legal fees. The more you can do at the beginning of a matter to prepare for eDiscovery, the cheaper it will be in the long-term.
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