publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/503802
ILTA WHITE PAPER: APRIL 2015 WWW.ILTANET.ORG 27 OUTSIDE COUNSEL'S ROLE IN INFORMATION GOVERNANCE Show Results: Instead of a high-level vision, start with projects that show actual results, such as upgrading outdated email archives, remediating old storage tapes or creating a solid BYOD strategy. Advise clients to make steady progress with attainable results along the way. Completing one project will make all subsequent ones easier, regardless of scale. Imagine IG kicking off with a project focused on creating, implementing and enforcing a new legal hold policy: Everyone involved will get a better understanding of how the process works, the resulting benefits and how risks were mitigated. There will always be risks with projects, but a start- small approach that emphasizes high-value areas gives everyone time to get on board and become comfortable with what is involved. Take, for example, the process of dealing with legacy storage. Legal and compliance teams partner on this work, which involves inventorying and addressing regulatory and legal hold obligations on data, refreshing backups, eliminating storage tapes and enforcing archiving policy. This can provide immediate results. An organization could have 100,000 backup tapes, of which only 100 are subject to current legal holds. A matter might arise that involves 60,000 of those tapes; however, if they have been remediated as part of an archiving policy, they cannot fall under future legal holds, which can save a company millions of dollars. AN ONGOING, STRATEGIC EFFORT Information governance efforts flounder when clients take on too many aspects of IG at the same time and fail to secure buy-in from senior management. Instead of taking on everything at once, attorneys should help clients triage and fix immediate problems, and then deal with legacy issues and more proactive efforts. Proactive IG must be viewed as an ongoing, strategic effort that requires participation from numerous business functions. With the right approach, it can be done in a results-driven way that delivers measurable and immediate value to the organization. Counsel must remember that IG is ultimately a cultural shift in corporate governance that will take years. Projects always take longer than expected, but when a focus is placed on moving forward one step at a time, real value and success can be attained.