The Above Law blog provides a good discussion of the McDermott snafu McDermott Will & Emery Wins E-discovery Blunder of the Week.
I’m sure they wish they had a better review process in place. What is interesting to note is that the trust between vendor and law firm to provide a complete and accurate production needs more than trust.
Review and communication and accountability are three elements for all eDiscovery relationships that must not be ignored.
First: CHECK YOU E-DISCOVERY VENDOR. Whether you like it or not, vendors are pretty much an unavoidable part of the e-discovery process. But nobody is quite sure how long of a leash they should give their service providers. After all, when push comes to shove, it’s the attorneys’ case, not the vendors’. If everything goes to hell, the vendor doesn’t get sued for malpractice.
I really like the conclusion drawn in this post that eDiscovery is a discipline not an activity, not a task. Once attorneys, vendors and specialty consultants understand that and treat eDiscovery as a multidisciplinary process the better the service to client and the more accurate the production and review.
McDermott may be the butt of blunder jokes right now but I suspect they will become a leader in the move for better eDiscovery processes from start to finish.
Constance Ard July 4, 2011