The quarterly publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/57001
best practices If you do not have any processes in place, it might seem overwhelming, but just start somewhere and refine, refine, refine. A good tool to utilize is the Electronic Discovery Reference Model (EDRM). For each of the steps in the e-discovery process, draft procedures that detail the best practices to be followed. For example, in processing: • What software will you use for which data types? • What data sizes should be processed in-house versus outsourced? • Can you standardize deduplication and processing settings so that data are processed uniformly across all cases? Think big — these process management steps should be clearly defined to direct people down the right path and broad enough to apply to a wide variety of cases and offices. Forget About "Normal" The second step is to maintain flexibility. Although keeping one foot strongly in process management means you should always be looking for ways to automate and regulate practices, you must also look for exceptions to the rule. Your process management system will always be in flux as you come across a different type of data or a new language, or you find that what works in one office doesn't work in another. In supporting each local office, you must be sensitive and responsive to their unique requirements and workflow while keeping your eye on the ball (i.e., your overarching global strategy). It's a tough balancing act that requires a strong working relationship and compromise from all involved. But that is the beauty of the model; the processes should always be improving and changing in order to meet the different demands and requirements of your practice group. There will never be a day when you have completely finalized your processes, no moment when you can safely declare that you've covered every possibility. Share the Wealth The final step is to harness the power that comes from handling a multitude of different cases and operating in a variety of jurisdictions — this is one of a law firm's greatest assets. But organizational intelligence, the collection of knowledge within a firm, can only be harnessed if a knowledge network is established. As a practice group, you can operate as one piece of the knowledge puzzle by capturing and sharing the knowledge gained in each case across all jurisdictions. In order to share knowledge, first you must capture it. But what does "capture" mean? Knowledge is amorphous, and e-discovery is built upon such a wide variety of cases that there would be no way to codify each piece of useful information from every matter your practice group manages. Depending upon the culture and structure of your law firm, there are many different ways to capture and share knowledge. Knowledge management might have many connotations, but it comes down to sharing what you know. Departmental meetings, case folders, project logs, wikis and blogs are all useful conduits for sharing the knowledge your practice group holds. But these conduits are only as useful as what you put into them. Decide upon a knowledge management plan for your e-discovery practice group and actively encourage all members to contribute and utilize the network. You'll find it not only benefits the groups as a whole, but individual team members will find their jobs easier having access to what they know AND what their team members have learned. The Reward of a Valuable Practice Group It can be tough to find the right balance between creating e-discovery processes so rigid that they won't be useful or applicable to all offices and having a system so elastic that there is no continuity. Once you've created a solid foundation, maintain your flexibility to make sure you're supporting the many personalities, cultures and workflows of your firm's local offices, and the varying circumstances you'll encounter. As your practice accumulates knowledge, encourage everyone to actively participate in sharing what they've learned. If you can put these practices into play in your everyday management of a global e-discovery group, you'll be rewarded with a valuable practice group that is an asset to the firm locally and globally. Natalie Spano is the Manager of E-Discovery & Practice Technology at Fried Frank LLP. With close to 10 years of experience in litigation and e-discovery, Natalie manages e-discovery projects across the firm's global offices. She can be reached at natalie.spano@friedfrank.com. 16 Peer to Peer