It’ll probably come as no real surprise that, during our discussions, it became abundantly clear that they’d significant digital discovery technology needs. Several were still reviewing PST files manually in Outlook; others were Tiffing numerous pages of papers ahead of right launching in to a old-fashioned review application for eyes-on review. That’s right, nary a trace of early case examination, clear search, or culling to be found.
Regrettably, no information there. What was fascinating for us was the a reaction to the newest release of the Clearwell E-Discovery Platform, Version 5.5. Version 5.5 includes considerable new performance, including drastically improved performance and scalability plus a quantity of substantial processing, investigation, assessment, and production changes. But, along with these functions, we have rolled out a set of e-discovery guidelines templates built to ensure it is vastly easier for organizations to implement a proper e-discovery strategy that develops on the integral nature of our platform. And it absolutely was the prospect of such a methodology, much more than the technology, that people were buzzing about at the summit.
That can not continue, while the limits are growing. Just take the recent case of Mt. Hawley Ins. Denver. v. Felman Prod., Inc. Dean will plunge in to this situation in much more detail in a future post, but it is very pertinent to the methodology versus technology dialogue in that it shows what sort of methodology problem could cause a fateful technology problem to be neglected. The court found the inadvertent production was not “solely attributable” to a problem using a Concordance index, and that the plaintiff “failed to perform critical quality-control sampling” to determine if the production was appropriate.
Freedom was waived.
What’s the solution? We think that we’re to some thing with Clearwell 5.5, in that we may, uniquely among goods, marry together technology and methodology in one platform that allows for the whole e-discovery procedure to be documented and defended, end-to-end. We’ve specially focused on the most critical the main approach which seems to come up over and over again in sanction and freedom waiver decisions, which could be the way an organization moves from an initial share of documents to a couple of defensibly-culled, possibly responsive documents, on right through to tagging and production. Our exclusive workflow features permit the whole process to be documented and quickly remembered with the press of a mouse, letting you see each decision that was made through the length of the case in a detailed fashion, and then to structure extra quality-control audits on top of these choices to ensure that every “i” is dotted and every “t” crossed.
Why? With every one of the activity going on in the space around engineering and product development, there was some powerful feedback that process and methodology could have gotten lost in the mix. And, if you believe about any of it, it’s methodology and process that are apt to be most vigilantly assessed once the courts are taking into consideration the reasonableness of e-discovery for a case.
The value of placing approach and method top and middle (alongside a commitment to making the required organizational changes to create it happen) isn’t exactly a brand new concept. On the e-discovery lecture circuit Ron Losey has been discussing it for years over on his irreverent and groundbreaking e-discovery crew website, and it’s a frequent theme of keynote speakers. Nevertheless, like eating your veggies or exercising, investing in place the right e-discovery process within an firm is something that people realize the benefit of, but nevertheless overlook.
It’s a good thing for all involved with litigation that e-discovery technology is maturing rapidly to the point where it can start to help resolve these types of process problems rather than being the cause of them. This is a key target for us at Clearwell and you’ll see a much more thrilling news from us on this front over the next few months, therefore stay tuned!