The Evolution of e-Discovery

Observing the continued rise in demand, more and more people are looking to break into e-discovery. They are concerned that their current skill sets, without adaptation, will render them obsolete. Smart paralegals are retooling their technical abilities as their responsibilities shift from manual to computer-based tasks, such as producing documents or generating a privilege log. Document review attorneys are also going through the challenge of re-engineering themselves into project managers or e-discovery sales professionals as conceptual searching and Technology Assisted Review (TAR) continue to revolutionize the space, requiring fewer people to serve in that document review role. It is no longer good enough to merely judge responsiveness or determine privilege assertions during document review; the new generation of review attorneys understands search syntax and techniques, early case assessment and defensible strategies to whittle down documents in a very hands-on way. From an evolutionary standpoint, continued existence of an employee is only guaranteed by finding an employer who is willing to pay for the skill set he or she brings to the table. Conversely, an organization is only as good as the people it can attract. It is natural selection and survival of the fittest on both sides.

Experience and Certification

For those hoping to be hired and to appear more desirable to employers, it has been difficult to know where to turn in order to get the requisite skills, as there has historically been very little formalized e-discovery training. Without a formal degree offered in electronic discovery, only those who had connections with the right people or who were in the right place at the right time had a chance of stumbling into the field. However, traditional education systems are starting to catch on, with law schools and paralegal programs adding classes dedicated to the subject, as well as private organizations and software companies offering certifications. The skills usually fall into these three knowledge areas:

1. Ability to administer and work in several litigation-oriented software programs geared toward processing and document review;
2. Understanding of the Federal Rules of Civil Procedure (FRCP) that deal with e-discovery and important case law; and
3. Mastery of project management, workflow and documentation for defensibility.

Hands-on experience with tools is absolutely the most important evolutionary skill set. Software experience is valuable, not only for fostering the ability to do the actual work when necessary, but also for providing an understanding of the specifications and factors to consider when communicating with a client about options. Experience with these tools is almost always a must for any position, and a certification usually increases salary expectations by thousands of dollars.

There are two types of hands-on application experience that are more valuable than the rest. The first is processing data using tools such as LAW PreDiscovery by LexisNexis, eCapture by IPRO, or Nuix. Understanding how metadata is extracted, how documents are hashed and deduplicated, and what specifications are available results in a much more in-depth ability to manage timelines and avoid potential pitfalls (e.g., auto-date macros in Word or Excel). The second valuable experience area is administering document review databases such as Relativity by kCura, Concordance by LexisNexis, or ViewPoint by Lateral Data. With attorney review being the most expensive component of the discovery phase, the ability to create workflows, limit documents needing to be reviewed using effective search techniques, and develop quality control measures for production is an invaluable skill set that will only become more important and desirable as data continues to increase.

The second primary knowledge area in educational programs ' knowing the FRCP and important case law ' might seem a little more advanced, but those rules guide the workflow of cases by determining everything from what documents should be collected, how they should be produced and what one can expect from opposing counsel. As with any game, the deeper an individual understands the rules the better they are at finding competitive advantages.

The third knowledge area, project management, is based on the ability to communicate effectively between those who are doing the technical work and the client. Project managers are able to translate complex concepts into digestible pieces and to develop documentation memorializing decisions made in case those strategies of reduction are ever questioned. These communication and trusted relationship building skills are crucial; people tend to work repeatedly with those they know and trust.

For hiring managers looking to attract top talent, a common solution to finding strong candidates has been to look at competitors' employees who already know how to do the job and lure them away by paying top dollar, offering quality of life, culture change or perhaps vertical mobility. This strategy seems reasonable. Why wouldn't you want to import the most well-versed, strongest candidate from a competitor, especially in cases with millions of dollars on the line? But the long term effect of this approach has created a shortage of available professionals, driving up costs. A catch-22 exists where one must have experience to gain meaningful employment but cannot get experience without employment.

To sustain this industry, firms and businesses must tackle the challenge of fostering the next generation of electronic discovery professionals, and tackling that challenge requires more entry-level positions. As Darwin asserted, species that do not reproduce and regenerate to keep their population at a stable level become extinct. Newly developed e-discovery professionals must have a place to thrive while continuing to grow their skill set. An entry-level position provides that. A few progressive hiring managers have found that by creating these positions, and fostering young, fresh talent, they are able to develop a profitable strategy by paying less. They are creating longevity through growth opportunity and increasing their retention rate, which helps to develop trust and consistency with their clients. A sea of change and hiring manager mind-shift in this direction will transform the e-discovery industry.

Bowe Kurowski is West Coast Manager of Recruiting for TRU Staffing Partners. He previously worked at firms such as Proskauer Rose LLP, Paul Hastings Janofsky Walker, Weston Benshoof LLP, White & Case LLP, and Kirkland & Ellis LLP. Kurowski currently sits on the Board of Advisors for Cal State LA's Legal Continuing Education Program.

'

SPECIAL OFFER: Twitter, LinkedIn, Facebook and Google+ followers can get an online subscription to LJN's Legal Tech Newsletter'for only $299. Click here, select Digital Only and use promo code LTNOL299 at checkout. This offer is valid for new subscribers only.

'

When Charles Darwin first presented his theory of evolution in 1858, he had no idea it would make the impact it has across so many different fields. His name has become synonymous with forward-thinking innovation: witness the 1991 Darwin asteroid, the Darwin 4078 video game, and the Unix base for Apple's Mac OS X operating system called “Darwin.” His influence is everywhere, and can even be seen in the field of electronic discovery, where individuals and businesses have needed to continually adapt to a rapidly changing environment in order to survive.

What started as simply coding data from hard copy correspondence into a database for attorneys to search by keywords or to sort by dates has widened to encompass areas like forensics, information governance, concept searching and analytics, content management and trial graphics. Indeed, e-discovery is a much more robust field than when it started, and that expansion can be seen in the growth in the number of different tools, ways they can be combined and options that can be used throughout each stage. It's a burgeoning field, but the pool of talent has not always kept up with expansion, and it remains a difficult industry to enter without experience.

Evolve or Fade Away

Observing the continued rise in demand, more and more people are looking to break into e-discovery. They are concerned that their current skill sets, without adaptation, will render them obsolete. Smart paralegals are retooling their technical abilities as their responsibilities shift from manual to computer-based tasks, such as producing documents or generating a privilege log. Document review attorneys are also going through the challenge of re-engineering themselves into project managers or e-discovery sales professionals as conceptual searching and Technology Assisted Review (TAR) continue to revolutionize the space, requiring fewer people to serve in that document review role. It is no longer good enough to merely judge responsiveness or determine privilege assertions during document review; the new generation of review attorneys understands search syntax and techniques, early case assessment and defensible strategies to whittle down documents in a very hands-on way. From an evolutionary standpoint, continued existence of an employee is only guaranteed by finding an employer who is willing to pay for the skill set he or she brings to the table. Conversely, an organization is only as good as the people it can attract. It is natural selection and survival of the fittest on both sides.

Experience and Certification

For those hoping to be hired and to appear more desirable to employers, it has been difficult to know where to turn in order to get the requisite skills, as there has historically been very little formalized e-discovery training. Without a formal degree offered in electronic discovery, only those who had connections with the right people or who were in the right place at the right time had a chance of stumbling into the field. However, traditional education systems are starting to catch on, with law schools and paralegal programs adding classes dedicated to the subject, as well as private organizations and software companies offering certifications. The skills usually fall into these three knowledge areas:

1. Ability to administer and work in several litigation-oriented software programs geared toward processing and document review;
2. Understanding of the Federal Rules of Civil Procedure (FRCP) that deal with e-discovery and important case law; and
3. Mastery of project management, workflow and documentation for defensibility.

Hands-on experience with tools is absolutely the most important evolutionary skill set. Software experience is valuable, not only for fostering the ability to do the actual work when necessary, but also for providing an understanding of the specifications and factors to consider when communicating with a client about options. Experience with these tools is almost always a must for any position, and a certification usually increases salary expectations by thousands of dollars.

There are two types of hands-on application experience that are more valuable than the rest. The first is processing data using tools such as LAW PreDiscovery by LexisNexis, eCapture by IPRO, or Nuix. Understanding how metadata is extracted, how documents are hashed and deduplicated, and what specifications are available results in a much more in-depth ability to manage timelines and avoid potential pitfalls (e.g., auto-date macros in Word or Excel). The second valuable experience area is administering document review databases such as Relativity by kCura, Concordance by LexisNexis, or ViewPoint by Lateral Data. With attorney review being the most expensive component of the discovery phase, the ability to create workflows, limit documents needing to be reviewed using effective search techniques, and develop quality control measures for production is an invaluable skill set that will only become more important and desirable as data continues to increase.

The second primary knowledge area in educational programs ' knowing the FRCP and important case law ' might seem a little more advanced, but those rules guide the workflow of cases by determining everything from what documents should be collected, how they should be produced and what one can expect from opposing counsel. As with any game, the deeper an individual understands the rules the better they are at finding competitive advantages.

The third knowledge area, project management, is based on the ability to communicate effectively between those who are doing the technical work and the client. Project managers are able to translate complex concepts into digestible pieces and to develop documentation memorializing decisions made in case those strategies of reduction are ever questioned. These communication and trusted relationship building skills are crucial; people tend to work repeatedly with those they know and trust.

For hiring managers looking to attract top talent, a common solution to finding strong candidates has been to look at competitors' employees who already know how to do the job and lure them away by paying top dollar, offering quality of life, culture change or perhaps vertical mobility. This strategy seems reasonable. Why wouldn't you want to import the most well-versed, strongest candidate from a competitor, especially in cases with millions of dollars on the line? But the long term effect of this approach has created a shortage of available professionals, driving up costs. A catch-22 exists where one must have experience to gain meaningful employment but cannot get experience without employment.

To sustain this industry, firms and businesses must tackle the challenge of fostering the next generation of electronic discovery professionals, and tackling that challenge requires more entry-level positions. As Darwin asserted, species that do not reproduce and regenerate to keep their population at a stable level become extinct. Newly developed e-discovery professionals must have a place to thrive while continuing to grow their skill set. An entry-level position provides that. A few progressive hiring managers have found that by creating these positions, and fostering young, fresh talent, they are able to develop a profitable strategy by paying less. They are creating longevity through growth opportunity and increasing their retention rate, which helps to develop trust and consistency with their clients. A sea of change and hiring manager mind-shift in this direction will transform the e-discovery industry.

Bowe Kurowski is West Coast Manager of Recruiting for TRU Staffing Partners. He previously worked at firms such as Proskauer Rose LLP, Paul Hastings Janofsky Walker, Weston Benshoof LLP, White & Case LLP, and Kirkland & Ellis LLP. Kurowski currently sits on the Board of Advisors for Cal State LA's Legal Continuing Education Program.

'