How eDiscovery Services Can Help A Solo Practitioner or Small Firm

by Terry April 14, 2023

How eDiscovery Services Can Help A Solo Practitioner or Small Firm

In this eDiscovery age, more and more important evidence is digital. Even small law firms may find themselves in need of information that is electronically stored. Electronically stored information, or ESI, encompasses many different types of documents. They may include emails, presentations, databases, voicemail, audio and video files, social media, or whole web sites.

When the discovery phase of any legal matter becomes e-discovery, small firms and solo practitioners can find themselves overwhelmed. The requirement to meet the requirements of the Federal Rules of Civil Procedure (FRCP), Federal Rules of Evidence (FRE), and state and international laws can be overwhelming in the least!

Either way you do decide to go, remember that you will need all the time possible to process the data. Data processing timelines depend upon many factors. The size of the data is a major determiner of how long the process could take.

Should Small Firms Attempt E-Discovery In-House?

As an attorney, it is wise to learn the basics, even if your cases are seldom dependent on it. When it comes time to request electronic data, you can get what you need in two ways: invest in an in-house solution or outsource the process.

Acquiring in-house capability can be a cost-effective approach if you have the capacity in staff, time, and dollars to devote to it. Collecting date for e-discovery can be complex and confusing. Because the amount of data can be overwhelming, it is important to know how to harvest just what you need. The court seldom requires that you copy a whole hard drive, but just wants to verify that a “forensically sound” method of collecting data is used, so that the files have not been altered or deleted in any way. Those inexperienced with e-data collection tend to over-collect, which increases costs.

Modern software allows a savvy user to effectively collect needed data for a case without just copying hard drives. While this can save time and money, it is important to gather all that is needed as evidence without altering, destroying, overlooking, or collecting it too slowly and as a result, facing court fines. The learning curve can cost you.

Why Outsource Your E-Discovery

Many small law firms circumvent these problems by outsourcing e-discovery to Houston-based The Document Group. With years of experience with cases of all sizes, the company knows how to gather just the right data to support your case. Prior to beginning the process for your case, we can estimate the cost of retrieval so that you know your budget outlay. The work will be done right, and at a reasonable cost.

Our Disco software will extract relevant information from all digital files including databases, word processing files, spreadsheets, email, instant messaging logs, and website visits. We go beyond the scene to examine web browsing activity, demonstrate evidence of tampering with electronic files and/or file deletion, reveal the content of temporary files, obtain data fragments, identify metadata, unlock/search password protected files, and establish data usage histories.

Database Hosting

If you are interested in using our cloud software to store and maintain e-discovery materials, especially large files, just let us know in our quote form. TDG offers hosted document review utilizing CS Disco that allows you to login from anywhere. This can be an asset for a large case where you may need to review a file on the fly, or the beach.

When you need e-discovery, The Document Group can save you time and money. For more information, contact us at (888)316-4670 for a free quote.

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With The Document Group's eDiscovery services, you can be assured that over 20 years of experience is on YOUR case.

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Data Processing, eDiscovery

Wearable Devices Pose New Challenges For eDiscovery

by Terry April 7, 2021

Wearable Devices Pose New Challenges For eDiscovery

The rising popularity of wearable devices with internet access has changed the way people access that information. The processing of eDiscovery is no exception to this impact. According to Futuresource Consulting, a market analysis firm, 12.4 million wearable devices were shipped in Q3 of 2014, which is an increase of 40% from Q3 2013. This means that a new wave of smart watches, fitness bands, Google glasses, chip implants, smart devices, and more have emerged that eDiscovery services can now use to possibly collect information. With so many devices now accessing the internet, legal professionals and eDiscovery companies may now face new barriers to collecting data relevant to the litigation process.

Barriers To eDiscovery

Collecting and protecting information for legal purposes is already a challenge, especially in large companies where it’s difficult to get employees to keep and share relevant information through the correct channels (e.g, using company email instead of private email). Wearable tech makes it so that it’s possible to record a person’s entire day, and courts are likely to deem this information discoverable.

However, matters become more complicated when you add syncing and cloud storage. If, for example, there is any discrepancy between files on a wearable device and the smartphone it’s synced to, it may indicate spoliation. Litigating lawyers must be savvy to these technical details when dealing with ESI collection.

Find Out How eDiscovery Can Help

With The Document Group's eDiscovery services, you can be assured that over 20 years of experience is on YOUR case.

Find Out How eDiscovery Can Help

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In addition, the rapid advancement of internet technology has outpaced laws that haven’t kept up with these advancements. Legal issues such as the ownership and security of this information are considerations that must be dealt with. Michele C.S Lange, director of Kroll Ontrack, said in an interview with Inside Counsel that the eDiscovery process is always trying to catch up with new technology developments. “For example,” she said, “eDiscovery professionals are just now working to develop collection protocols for data contained in social media platforms like SnapChat.” When eDiscovery services finally catch up to devices from the IoT (Internet of Things), some issues to consider will include:

– Who is in control of the device?
– What format is the data being generated in?
– How can eDiscovery companies cost effectively gather and review data from these devices?

Solutions To eDiscovery In The Internet Of Things

In the Inside Counsel interview, Lange suggests that a “bring your own device” policy is essential for companies. She says, “What if an employee who is driving a company vehicle, and is wearing Google Glasses, causes a car accident? How should companies guarantee their intellectual property and trade secrets are safe when an employee can record everything he looks at through smartglasses? The potential implications of the proliferation of wearable technologies expand to every segment of litigation.”

Ms. Lange also emphasizes that putting in place an effective legal hold is critical to accurate and comprehensive collection. It’s also essential to make employees aware of the implications of gathering and storing data like videos, pictures, and documents on wearable devices. As time goes on, the legal system will adapt to the changes in the internet atmosphere, and eDiscovery services will also put more concrete guidelines in place.

To learn more about eDiscovery services from The Document Group in Houston, Texas, contact us at (888)316-4670 or reach out through our quote form!

Data Processing, eDiscovery

Creating A Defensive Data Deletion Plan

by Terry April 7, 2021

Data is an integral part of an organization. With proper control and analysis, your data can help define your business and determine its value. However, it’s possible to have too many digital assets, and it can be difficult (and expensive) to keep secure. At some point, companies must get rid of data, the bits that are of no commercial value and not required for any ongoing business function. This information exists anywhere from user workstations and network and email servers, to offsite data centers and even in the cloud. And as the volume of data increases, it becomes harder to manage and figure out what’s necessary to keep.

Formulating a defensive data deletion plan can help free up server space, while securing your existing data.

Storage Of Your Electronic Data Can Be Costly

It’s costly to store data, particularly in a large organization. Server space is always at a premium, and the demand for space is constant. A closer look at that data will reveal redundancy, or data that hasn’t been accessed in years.

One might argue that as technology advances, with bigger hard drives, more efficient software, and limitless options for offsite and cloud storage, that the cost of storing data is not as expensive as it once was. While this is somewhat true, as more companies pursue a paperless workplace, the demand for data storage is outpacing the decrease in pricing.

With so many unnecessary documents languishing, the cost of keeping them is still more expensive than purging. This is why it is so important to have and enforce a clear document retention policy to routinely and systematically review your stored data – keeping what is necessary and deleting what’s not.

Put A Litigation Hold Policy In Place Before Starting To Delete Data

Since corporate data of all types is discoverable through eDiscovery during litigation, you might need to institute a litigation hold if the company foresees a potential lawsuit. This overrides the standard corporate data deletion policies, and protects the most sensitive and easily modified data, such as email and Word documents which may be discoverable during litigation.

It’s smart to establish a specific procedure for executing this, as well as determining who will issue the litigation hold order. It is also beneficial to outline what actions will halt during this time, as well as how it will be communicated to employees, and how the specific data will be located and protected.

Enlist Outside Help When Necessary

Sometimes it becomes apparent that you cannot develop and execute a data deletion process on your own. Whether you need a third party vendor to help organize and establish a deletion plan, or legal counsel to advise about your litigation hold policy, expert help is available.

The Document Group can help you evaluate your data in a thorough and cost effective manner. Using our Disco software, we can help you with all of your eDiscovery needs. Contact us to see how we can help you, or request a free quote.