The quarterly publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/96072
best practices Not Just People, but Good People Below is the Electronic Discovery Reference Model as defined by EDRM.net. Software vendors show this image (or a modified version of it) to describe the capabilities of their software. But these tasks all require human intervention. Software might be able to help, but people will make the difference between a successful effort and sanctions in the courtroom. So who makes up your discovery team? The e-discovery team is more than a consortium of collection and review specialists, though it most certainly includes them. The team also comprises trainers, project managers, policy makers, service-level IT staff and anyone determined to be a custodian of pertinent information. When building the team, select qualified individuals who work well together. Darryl Lawrence, the Director of Technology at Meyers Nave, has this to say: "Personality is almost more important than technical ability. I'm looking for someone who will fit the team, isn't worried about being best friends with co-workers, is always civil and doesn't panic (or cause panic among users)." The right person can be brought up to speed technically, but you can't teach personality. Gumption and attention to detail 12 Peer to Peer are personality traits. You might be able to teach someone to pay attention, but it won't come naturally. When going outside of the organization to find a specialist, determining which vendor fits the team can be a challenge. A request for proposal (RFP), an in-depth application describing a company's offerings and abilities to provide a service, can be a helpful tool in this process. Virginia MacSuibhne, the Director of Ethics & Compliance for Roche Molecular Systems, Inc., summed it up by saying: "We generally use an RFP process to understand who listens best to our needs and who can respond with the appropriate details and give a fair assessment of the challenges and downsides … We also check references." Once litigation starts, the cull and review process begins. Should you tackle the review in-house or hire a vendor? How do you get the most bang for the buck without compromising the integrity of the case? Dean Vanech of Podo Legal says: