eDiscovery is a complex process related to complex litigation. Many folks hope that a simple out-of-the box solution will work and find themselves 18 months (more or less) later disappointed. It isn’t that vendors don’t always do what they promise it just that sometimes the wrong vendor is selected.
Now, let me take a moment to explain that word wrong. Wrong means the wrong fit. I recently went shopping for a new pencil skirt and found THE ONE I wanted but had to concede it was the wrong fit. Then I found one that fit, but it was the wrong look. Finally I found one that met my requirements, it fit and it looked good.
Ultimately, the reason I was able to find the right fit was because I knew my requirements going in. eDiscovery vendors have their areas of expertise. Not everyone can meet all the requirements. When you are seeking a off-the-rack solution for your eDiscovery needs, know your requirements and specify clearly.
It is all too easy for someone to say “Sure, we do that!” when the reality is that the company is committed to forensics as opposed to risk management. eDiscovery is too important for you to ignore the type of solution you really need and the capabilities of your possible solution providers.
Defining the requirements is a necessary first step. You can get help in that process from The Sedona Conference. The myriad of considerations range from due diligence on the company, security matters and conflicts checking. When you take the time on the front end to define those specifics you will find the right eDiscovery solution.
Constance Ard November 8, 2010