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eDiscovery: Five Trends for the New Year
Clearwell Systems has released a list of the Top Five eDiscovery Trends in 2010. (Clearwell is an eDiscovery vendor.) One difficulty with vendor-biased lists like these though is that, more often than not, they correspond closely to the list of the vendor’s roadmap for next year, rather than an overall vision for the entire market segment. But nevertheless, the Clearwell predictions are interesting.
1. Early case assessment (ECA) Features will Become ‘Must Have’
ECA is a critical part of the litigation process during which preliminary analysis is run to discover the merits of a case, claims, the likely defenses, and estimate of the cost of the case. Usually the ECA is conducted in the first 90 days from the time a case is filed.
2. eDiscovery Complexity will Increasingly Cause People to Turn to Technology for Assistance
3. Better eDiscovery Tools will give people access to the eDiscovery process. The eDiscovery coordinator will increasingly be about project management rather than just legal or IT.
4. eDiscovery is all about Search. eDiscovery tools will provide more data analytic features to help defend the strategy used for searching information.
5. Companies will move towards adopting a centralized eDiscovery interface, rather than multiple point solutions.
Clearwater suggests that companies will ban communication using social networks like Twitter and Facebook. And they point to a survey of legal trends identified by Fulbright and Jaworski that find that insurance and financial companies are doing just that.
