Important Considerations When Using eDiscovery for Litigation

According to CDS Legal, eDiscovery combined with expert IT and legal workforce has made breakthroughs in managing costs, saving time and improving outcomes in litigation. However, it has also posed ethical and legal issues overtime. When using eDisovery, here are five considerations that parties need to consider.

Shifting Approaches in Information Management and Governance

The increase in number of users of mobile phones and tablets have also caused a shift in information management and governance. The exchange of boxes of documents have also slowly dwindled down to be replaced by file sharing through the internet or the cloud. With these, litigation and other legal processes have elected new approaches in information management and governance.

EDRM models are employed in information governance from preparation of electronically-stored information (ESI) to dispatch in various levels. For organizations and businesses, the need for litigation support from the IT sector has increased. The legal department has also increasingly learned to adopt to these new approaches to handling information during the litigation process. The use of reliable and effective eDiscovery can resolve many current obstacles in information governance.

Handling and Protecting Data

The use of eDiscovery infrastructures and systems in information governance has posed ethical and legal issues. This is true in cases of sharing sensitive data from across different levels and environments. In the ethical aspect, confidentiality of persons and personal data is at risk when the data vault is exposed to different levels and environments. The privacy of a person or persons is breached with potential leaks of information from the system when not handled with great caution.

In the legal aspect, information governance and file sharing are governed by protocols and policies. Different countries differ in their regulations with regard to handling data in litigation. When employing eDiscovery Litigation Support, it is, thus, imperative that parties adhere to such protocols and regulations within the environment they operate.

Emphasizing the Role of CIO

CIOs play a role in integrating eDiscovery into the legal infrastructure. Whether managed in-house or outsourced support, eDiscovery systems enable CIOs to gain control of the handling and exchange of information. With effective eDiscovery from IT experts like CDS Legal, CIOs are able to mitigate risks and manage costs in the IT department during litigation. Security gaps, unnecessary restrictions and other counterproductive approaches common when using the wrong technology, are also avoided.

Addressing IT Costs 

The shift in reliance of technology in information governance has also increased investments in information technology. In litigation, information technology experts work to fill of many legal personnel in data collection, banking and accessing. For example, the use of End-to-End eDiscovery in search of data archived in Cloud is done by IT experts and used for litigation by legal parties. The increase in IT manpower and resources also entails increase in costs. Trainings are also required among all levels in the use of eDiscovery systems.

In another scenario, problems in information governance can likewise lead to litigation costs. Gaps in information governance are easily exploited to push cases to courts. A secure and effective eDiscovery could prevent any compromise in valued information. CDS Legal is an expert in effective eDiscovery addressing eDiscovery issues over the years. For more information, check out