A significant number of companies portray themselves as E-Discovery Services or EDD Providers, ambiguous titles at best, – yesterday’s copy/scan service is today’s e-discovery services vendor. Dependent upon the reference source, the estimated number of e-discovery service vendors ranges between 300 - 500.
Services defined
There are three e-discovery service categories:
- Data Clearinghouse – companies focusing on processing digital data, including collection, storage (on-line hosting), review, and production of electronic evidence. They are mass motivated, indicated by archaic (and potentially expensive) per-page pricing models.
- Software Companies – focusing on the development and implementation of tools and “solutions” for: archiving, records retention, case-management, search, categorization, retrieval, review, and production.
- Consultants – subject matter experts offering skills focusing on one or more specific areas, i.e. computer forensics, data-collection, strategy, risk management and (in eDiligent’s case) compliance.
What to do?
The urge to wait can be overwhelming as e-discovery itself, and come December 1, detrimental in Federal Court. Decision deferral, presents significant exposure, problems and expense. Initial steps include:
- Develop an action plan; procedures established, defensible and repeatable, tackling the complexities of electronically stored information.
- Establish standard electronic (pdf, tif, native) formats when requesting and producing responsive documents.
- Plan on outsourcing some, if not most, e-discovery needs. EDD providers are not equal, investigate and establish relationships with providers in all three categories.
E-Discovery and dealing with electronic evidence is still in infancy. Legal professionals, the courts, and the e-discovery providers are the parents; and like most new parents, there is a learning curve for us all.
Recommended Reading - "Best Practices for the Selection of Electronic Discovery Vendors" Published by The Sedona Conference.