Digital White Papers

47 WWW.ILTANET.ORG | ILTA WHITE PAPER LITIGATION AND PRACTICE SUPPORT Discovery and Litigation Support Without a Lit Support Department and the files will not copy to the firm's or legal department's network. Depending on the method used to copy files, the error message that the file(s) cannot be copied stops the copying process; further, there is not a log created to know which files are not copied over, and editing the file path to fit can change evidence in either the file's metadata or the info about its original location. Because data from clients can vary a great deal depending on each individual client or business unit (as well as the complexity of the case, the amount of data, the potential value of the case, and the number of parties), policies and procedures to handle data should be thought through as part of the IT strategy so there are methods in place before cases and data arrive at the firm. The Outsourcing Option Law firms or legal departments without litigation support specialists should consider using service providers to host client data as a means to avoid stretching their IT resources to manage data outside their purview. When IT resources are available to meet the firm's or department's needs, addressing third-party data oen taxes those resources. Without a plan in place beforehand, the risk and costs might not be controllable. This is a business decision, and there are factors to consider when deciding to outsource or have the tools and processes in-house to handle discovery information. There are many benefits to outsourcing discovery data to service providers. A strategic partnership with a few companies can allow a law firm to leverage that relationship to see benefits such as contracted hosting charges based on the aggregate data in all cases, a greater understanding of the processing workflow with a provider, standard database setup for user permissions and reviewing workflow layout, and having those providers deal with all of the challenges that come with the data. Processing the electronic files with a service provider allows a firm or legal department to leverage the benefits of litigation support soware to manage files, including: » Each file has a correlating record in a database that includes where it originated, so you can easily see all of the files regardless of the number of subfolders and convoluted filing system of the client. » Aachments and embedded files are searchable and reviewable with their parent documents or on their own. This parent-child relationship is a cornerstone of discovery and is also the main reason to use a program for reviewing files. » An audit trail for each file that is reviewed; each decision to produce or withhold a document is easily traceable should questions or discovery strategy changes arise later. » Productions can be set up so that managing evidence aer discovery concludes is easier with page-numbered images or native files produced with document ID numbers assigned to each file. » Discovery management costs can be more predictable when you establish a relationship with a provider who works with you to CINDY MACBEAN Cindy MacBean is a highly experienced litigation support professional who has managed litigation support in both an Am Law 100 law firm and corporate legal departments. She has recommended, designed, implemented and supported discovery management solutions and workflows. Her proficiency in data analytics and deep understanding of the legal process have resulted in a multitude of successful projects that incorporate proven procedures with a variety of technology tools in delivering defensible discovery. Cindy is currently a member of ILTA's Relationship Coordinating Team. Contact her at cindy. macbean@yahoo.com.

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