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AccessData's Summation 6.0
It's understood that the “discovery wars” have long been far more than litigation maneuvering by both sides in a case. The discovery process is sometimes used by litigants to overwhelm adversaries, drive up the time and expense required to see a lawsuit through to trial, and thereby extract concessions or settlement. Even without intention, the volume and complexity of electronically stored information pertinent to litigation results in cost burdens that affect substantive decisions in a case.
There are a couple developments underway in the legal profession that have the potential to push back on these discovery wars. First, the recent changes to the Federal Rules of Civil Procedure (FRCP) governing e-discovery ' such as proportionality requirements ' are designed to reduce the scope of e-discovery that courts were previously inclined to allow. And second, emerging technology solutions are leveling the playing field a bit, enabling law firms of all sizes to better manage e-discovery in a way that is more efficient and affordable than ever before.
One such piece of new technology is AccessData's Summation 6.0, the new version of the venerable Summation discovery management software platform. I have been testing Summation 6.0 in a hosted environment for several weeks since its release and I have good news for law firms searching for an e-discovery software product: Summation is back and it's ready to handle everything from the routine case that comes across your desk to the large-scale commercial litigation with hundreds of thousands of documents.
Background
I've been practicing law for more than 25 years and currently run a boutique firm in Orange County, CA, where we bring together legal, technical and information systems talent to advise businesses regarding litigation challenges related to data and information management.
I acquired my first version of Summation back in the early-1990s ' in the MS-DOS ages! It was one of the few litigation software products back in those days, so I pursued and obtained my first Summation “Trainer” certification in 1996.
In the years that followed, I stuck with the product as it changed hands to various owners because Summation was always simple, reliable and more than just an electronic document database. As the volume of e-discovery exploded in the early-2000s, Summation kept up with the changes, but the product seemed to get little attention from its owners for a period of time. I began to experiment with other software tools in the market and ultimately became proficient working with various digital forensics and e-discovery software products. Over the years, I've used iPro, Concordance, Nuix, iConect and Relativity for e-discovery tasks ' and still use them from time to time in the course of e-discovery consulting.
A couple years ago, I started hearing rumblings about a renewed commitment to Summation and efforts to invest in the development of the product for the new era of hosted litigation software. I believed that Summation would get a technical boost from AccessData's acquisition of Summation in 2010 and hoped that would prove true.
Sure enough, after some changes in the AccessData corporate strategy, the company brought in a new leadership team and has made substantial investments in this time-tested, flagship e-discovery software product. The result is Summation 6.0.
Testing the Software
I've been running Summation 6.0 by working with AccessData's managed services team. AccessData makes the Summation software available to customers like me in a fully hosted environment by partnering with Innovative Discovery, a top-tier hosting and online review provider.
There are two important things I've experienced by testing Summation 6.0 in a hosted environment, which any law firm or corporate law department would want to know:
- Security: The Summation 6.0 Web-based review platform is built on technology that was designed with strict security measures and meets the most security-conscious requirements, including being HIPAA, SOX and other regulatory compliance capable; and
- Technology: The hosted version of Summation uses a reliable technology infrastructure and flexible permission structures that allow for granular control of access to your most valuable client information.
I've been managing four cases in Summation 6.0 for about two months. Two of these cases are fairly routine matters involving modest volumes of documents, and the other two involve developing “discovery wars” in which opposing counsel has been battling me with huge e-discovery demands.
I have found that Summation gives me the ability and confidence to stand my ground against opposing counsel demands because I know that my processing engine (FTK, under Summation's hood) is world-class, my database is sound, and Summation generates detailed audit logs I can use to demonstrate exactly how data was handled by users. The software has proven to be very agile and scalable, equally adept at handling the two routine cases with modest document volume and the two large-scale cases with major discovery demands, disputes and hostile opposing counsel.
This is crucial because it allows smaller law firms such as mine to compete vigorously with government and larger law firms that have deeper e-discovery support and resources.
Key Features In Summation 6.0
Summation is the only Web-based solution that combines predictive coding, advanced analytics, comprehensive data processing, early case assessment, case management, final review, transcript management and organizational tools to link disparate data types to fact and legal issues in a single platform. There are a number of enhancements built into Summation 6.0, but there are four key features that law firms will find extremely valuable.
Law Drop
A key feature at the heart of Summation 6.0 is the new LawDrop tool, which has data transfer functionality similar to the popular Dropbox application. This feature gives users the ability to upload case data into the Summation multi-tenant platform and then process the uploaded data directly from LawDrop, all without dealing with hosting or data center administrators.
Users can upload collected data on a Sunday night and have it processed and ready for reviewers on Monday morning ' with no processing charges. And here is a gust of fresh air: there are no hidden fees for exporting or producing your data when you need it. Create and send your data export to LawDrop, then download from LawDrop and distribute your export as usual. No administrators, no waiting and no fees.
Case Organizer
Summation's Case Organizer feature brings together all of the elements in your case in a way that's tailored to your individual workflow. The feature has several enhancements that streamline case preparation, as well as faster reporting and enhanced notes capabilities. From building timelines to linking and managing external documents to creating deposition and motion outlines, Case Organizer can bring it all together in one place.
Browser Briefcase
An oldie but goodie, the overhauled Browser Briefcase tool allows users to export data sets of any size, then share that output with non-Summation users in a spreadsheet-like grid with an embedded viewer. Really, it's a simple but powerful review tool that is great for distribution of data to experts, colleagues and friendly opposing counsel. BrowserBriefcase users can word search the entire data set or a single file, view native files or images and tag, comment and export files for further use or distribution.
Sub-Admin
For those users who are interested in running Summation 6.0 in a hosted environment like the one I'm using, the software includes a “Sub-Admin” capability that enables me to do everything a system administrator would be able to do. I can create new cases, new users, assign permissions, upload and process data in minutes ' and all without assistance from or interaction with anyone.
I can also create an entirely new virtual Summation environment with a fresh instance of Summation ' my own Summation sandbox in a military grade data center. And for those Summation users who are also application service providers (ASPs), Summation 6.0 provides on-demand access to the software 24/7, with minimal resources or support needed. No more phone calls all the time for help with getting into a database after hours.
Conclusion
Summation 6.0 turns promise into performance. It's powered by an AccessData database that is fully integrated with the company's digital forensics tools, including FTK. This means it's well-positioned to deal with future challenges associated with digital evidence collections, mobile data processing, social media data collections and the demands for faster review.
Terry Mazura is the founder of Mazura Law Firm (www.mazuralaw.com). He has more than 25 years of litigation experience, principally handling intellectual property and technology disputes in federal courts. Mazura has been active in law and applied technology since 1982, and excels at analyzing, planning and executing strategies to successfully manage information and resolve e-discovery issues throughout a case lifecycle.
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