P2P

Winter24

Peer to Peer: ILTA's Quarterly Magazine

Issue link: https://epubs.iltanet.org/i/1530716

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76 P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | W I N T E R 2 0 2 4 of firms struggle to comply with outside counsel guidelines (OCG). Even more telling is the overall substantial non- compliance rate of 44% and endemic cultures of "granting exceptions" reported by both large and small firms (31%). Extracting firms with mature IG programs and removing those without, we see that 47% are compliant with most IG policy elements. Enforcement/compliance is the biggest challenge at firms of all sizes. Overall, only 4% of all respondent firms reported strict compliance with their IG policies (9% of large firms and 0% of small firms). Although mandating strict adherence to IG policies and procedures may seem like an easy fix, taking a step back reveals that the lack of enforcement/compliance is far more complex and includes other IG-related variables. DATA ORGANIZATION A significant percentage (27%) of law firms indicated no formal structure for their network share drive content, characterizing these repositories as the "Wild West." This lack of a meaningful folder taxonomy perpetuates poor IG practices in so many ways that information cannot be associated with specific clients or matters to apply appropriate retention and/or ethical walls. Remediating information in network shares is a daunting task for any IT or IG professional, resulting in a "kicking of the can" event, in Mattern's experience, further exacerbating the Cost considerations underscore the financial implications of effective data management. While a significant portion of firms surveyed noted cost-related factors as drivers for creating and implementing IG policies, cost is more of a concern for small firms than large firms. Two examples are the cost of hard copy records in off-site storage, which is a concern for 36% of large firms and 57% of small, and the cost of data storage in document management systems, network shares, and email accounts, which is a cost concern for only 9% of large but 43% of small firms. Beyond the financial implications, several additional challenges manifest themselves in the day-to-day implementation of successful IG programs, most of which are internal to the firm, regardless of size, but extend beyond the firm's walls as well. For example, over half (54%)

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