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Your e-Discovery Bucket List

By David Boyhan and Sanjay Manocha
November 30, 2013

One of the most persistent problems encountered in e-discovery is that when all you have is a hammer, everything looks like a nail. As a result, in-house teams that have been subject to resource constraints and staff reductions must approach their litigation more thoughtfully and creatively than ever before. They need to establish an e-discovery “bucket list” that contains both new tools and basic processes to use when things go pear shaped.

In some cases, these tools could be capital outlays for in-house software. In others, it may be appropriate to explore alternatives to traditional document review technologies. By establishing strong relationships with IT, records management, and compliance, and by leveraging new technologies, such as predictive analytics, legal teams will find themselves empowered, rather than disheartened.

Start by anticipating the opportunities a “meet and confer” may offer for applying innovative technology, piloting new tools in anticipation of, instead of in reaction to, sensitive cases, addressing privilege review in the current era, and developing internal metrics to gauge the efficiency of outside counsel.

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