Back at LTNY in February I put the word out that I was going to relaunch eDiscoveryJournal.com. I pushed back briefings, webinars and interview requests with the “when it is live” excuse. When Joe Bartolo and Bard Schaffel asked to interview me for their EDRM podcast series, I ‘thought’ that surely I would have the new site live by then. So most of you will be reading about this well after the interview has already been edited and published. I enjoyed the good questions and they forced me to codify some thoughts that I have had for a while. One question that hit a nerve used the ubiquitous ‘best practices’ phrase. After seeing the sales sausage made, I now believe that there are only ‘better practices’ in our evolving legal technology world. Things change fast folks and experienced consultants temper their absolute recommendations with that fact in mind.
My favorite question below was whether I saw anything that might disrupt the EDRM. My assertive response, “The EDRM is dead, long live the EDRM!” After an awkward moment of silence, my poor hosts asked, “You do know that you are being interviewed by the EDRM?” I told you all that I was taking off the filters. Luckily I got the chance to explain that many trends and technologies had already disrupted the EDRM model while not invalidating it. The model has defined our common process vocabulary generated a wealth of useful content, even if many discovery lifecycles no longer follow the default linear path. Yes, I know that those arrows go both ways to allow iterative loops and alternative workflows, but that is not how most practitioners read the graphic.
I will update this blog with the link to the interview when the team has published it. Until then I figured that I would share my speaking notes for your entertainment.
Questions & Answers
- What do you feel is the most important issue presently facing the eDiscovery and litigation support industry?
- Balancing cost/effort against reasonableness requirements
- Do you believe the application of predictive coding (SAL, SPL, or CAL) is not as prevalent as it should be and, if so, why that may be?
- I see limited use because of the fear of using advanced technical methods that counsel are uncomfortable defending.
- How would you assess the legal profession’s efforts to educate new lawyers about eDiscovery and practice technology, in general, and what are some successes (or failures) that you see in this regard?
- Slowly getting better. ACEDS since Mary Mack took over. Few law schools specializing other than Georgetown/Florida
- Do you see technology as being a crucial element of substantive legal strategy in the present, or near future?
- Yup. The question is whether the partners and corporate litigators really understand how to leverage it.
- With the changes in technology, both in creating data and analyzing it, do you foresee anything disrupting the EDRM model?
- The EDRM is dead, long live the EDRM. Analytics/retrieval long should have been the hub of an eDiscovery continuous wheel.
- Recently there has been a trend towards data minimization, brought about by revisions to the FRCP, new proportionality case law, better data governance and security practices as well as an increased awareness around data privacy. What do you see as the long term effects of these changes on eDiscovery?
- Works in low value/simple disputes where the key exhibits have always boiled down to a red-rope. When the reserve/risk exceeds 8 figures or issues require pattern analysis (class actions, EEOC, discrimination, IP, etc.) then hard to minimize. Key is corporate data source access and retrieval tools, not artificial volume constraint.
- Do you see eDiscovery converging with, or being absorbed by, other disciplines like privacy, cyber or InfoGov?
- Gartner dropped eDiscovery Magic Quadrant in 2016. Deb Logan left eD to follow IG/Analytics. Microsoft sees eD as a feature used to force corporations or regulated companies into E5 subscriptions.
- Are there any eDiscovery decisions that, with hindsight, you thought were in error and why/what was the impact?
- Hundreds. Creating digital landfills via journaling archives. Saving tapes. Putting review ahead of analysis.
- In 2019, how do you think the EU ePrivacy Regulation will impact the global economy and, more personally to those of us in the field, the eDiscovery industry?
- Y2K. Sarbanes Oxley. UBS v Warberg. All examples of big stick threats that fizzled after corporations started doing the right thing.
- Comments & Suggested Resources – 5 minutes
- What suggestions would you offer to someone that wants to learn more about what we discussed here today?
- Build a list of critical thinkers/bloggers to follow. Ask hard questions. STOP accepting sales material/pitches/webinars as CLE material.
Greg Buckles wants your feedback, questions or project inquiries at Greg@eDJGroupInc.com. Contact him directly for a free 15 minute ‘Good Karma’ call. He solves problems and creates eDiscovery solutions for enterprise and law firm clients.
Greg’s blog perspectives are personal opinions and should not be interpreted as a professional judgment or advice. Greg is no longer a journalist and all perspectives are based on best public information. Blog content is neither approved nor reviewed by any providers prior to being posted. Do you want to share your own perspective? Greg is looking for practical, professional informative perspectives free of marketing fluff, hidden agendas or personal/product bias. Outside blogs will clearly indicate the author, company and any relevant affiliations.
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