After reading Constance’s last post I starting thinking about all the instances where communication problems can derail e-discovery. There are so many intersections where implementation, process, technology and policy meet that it quickly becomes very clear that careful research and planning is needed before any organization decides on what e-discovery black box, if any, best fits their needs.

The best example of this that comes to mind is who decides on what software solution to purchase. There are many choices out there these days. Many times management will task the evaluation and selection of a software solution to their IT Department. The reasoning for this is simple. IT knows what is already in place, should know where all the data resides, and more basically it has to do with computers and technology so obviously it falls in to the realm of IT.

All these reasons are true but IT should only be one group involved in the decision process and evaluation of any e-discovery solution. Others should include legal, management and HR. You may also want to consider using some outside consulting to help as well. An outside e-discovery consulting firm can help navigate you through many known issues and quickly weed out solutions that are not right for your organization.  As Constance pointed out a consultant can help with getting all parties (Management, IT, legal and HR) communicating with each other. Legal may have concerns that IT just simply does not know about. Management may have goals for the new solution that are not directly related to e-discovery and HR may have policy concerns that will need to be addressed throughout the entire project.

Not to rehash what has already been said but organizations should start the communication between all stake holders early on when deciding on an e-discovery solution. That way before you even start researching solutions you have a good idea what best fits your organization’s needs. Communicating these needs and desires will allow you to select a solution with power.

Miller Montague