Is Your Firm Ready for Litigation eDiscovery Software? Use This FAQ-Based Readiness Checklist

An FAQ checklist can determine your firm's readiness for eDiscovery software. It should focus on data handling, technical integration, security, vendor support, and compliance. The checklist should also include questions that address data sources, infrastructure, security protocols, vendor service level agreements, and the software's alignment with internal policies. A comprehensive checklist ensures the chosen software meets the firm's needs and legal standards.

Over the past two years, 85% of insurers have paid legal malpractice claims exceeding $100 million, according to PropertyCasualty360. Although most were due to conflicts of interest, scrivener or clerical errors were another leading cause of legal malpractice claims.

Litigation eDiscovery software can help reveal these errors by reconstructing timelines to pinpoint where and when they were introduced. This technology reduces the risk of jeopardizing a client's case and your firm's reputation due to missed evidence or mishandled information. However, adequate preparation is needed before adopting eDiscovery software to prevent legal and ethical missteps, control costs, and ensure smooth and effective implementation.

Using an FAQ-based checklist can help you assess your firm's readiness to implement eDiscovery software.

What is Litigation eDiscovery Software?

Litigation eDiscovery software helps legal and IT teams manage and analyze large volumes of electronic information for legal cases, investigations, or regulatory requests. Common features include:

• Data collection
• Processing
• Document review
• Analysis
• Production

The software helps reduce costs, increase efficiency, and improve accuracy, while providing enhanced data security and compliance. Legal teams can review vast datasets to uncover key insights that help them build stronger case strategies, ultimately leading to better outcomes for clients in litigation and regulatory investigations.  

Why Firms Need a Readiness Checklist

Implementing eDiscovery software is uniquely complex, involving more than simply rolling out law firm technology, as it establishes a legally defensible and highly secure workflow. Unlike standard business applications, eDiscovery implementation must account for stringent legal requirements, massive and diverse data volumes, and the intricacies of litigation.

Risks of unprepared adoption include:

• Budget overruns
• Non-compliance
• Workflow disruptions

Aligning eDiscovery software with your firm's needs and case complexity helps ensure efficiency, accuracy, and cost-effectiveness.

FAQ-Based Litigation Readiness Checklist

A readiness checklist outlines software implementation tips that help stakeholders evaluate potential solutions while avoiding common pitfalls. Here are some of the questions that should be included:

Does Your Firm Have Clear eDiscovery Process Goals?

Having eDiscovery process goals helps to identify pain points in current workflows and define desired outcomes for improvement. Without them, you risk purchasing a product that does not meet your specific needs or is inefficiently used.

Have Key Stakeholders Been Consulted and Engaged?

Consulting and engaging key stakeholders can ensure the software meets your firm's needs and is used effectively. It also helps in assigning primary contacts for the eDiscovery process. Without stakeholder engagement, you risk failure due to unmet needs, resistance to change, and significant oversights in data handling.

Is the Firm's IT Infrastructure Compatible?

Many firms are transitioning from traditional on-premise systems to a cloud-based IT infrastructure. Understanding your firm's network helps determine how best to integrate eDiscovery software with your existing legal and data management systems, ensuring a smooth implementation.  

Are Legal Hold Procedures Established?

eDiscovery software essentials address the core stages of the Electronic Discovery Reference Model (EDRM), including legal holds, which must be electronically issued, tracked, and managed. Processes for custodian interviews and ongoing compliance reminders also ensure the preservation of relevant data, creating a defensible record for litigation.

Have Data Sources and Custodians Been Identified?

An inventory of relevant data repositories and custodians helps an organization complete the foundational planning required for defensible and forensically sound data collection. This can reduce risks, such as data spoliation, over-collection, and legal sanctions.  

Does Your Team Have the Necessary Training and Expertise?

This directly addresses the human element of implementing one of the more complex legal tech solutions. It includes training for legal staff on software usage and best practices.

Is Budget and Cost Management Understood?

Understanding the costs ensures the firm budgets for the technology, personnel, and outside vendors. Vendors should present transparent pricing models, as these costs can impact the entire litigation process.

Does the Software Provide Adequate Security and Compliance?

Data privacy, encryption, and jurisdictional compliance features are essential when implementing eDiscovery software, as it involves sensitive and confidential data subject to strict legal and regulatory requirements. Having the capability to create audit reports helps with defensibility in court.

Can the Software Handle the Firm's Required Volume and Case Complexity?

This focuses on the software's scalability to effectively manage the firm's changing case load and data volumes, and should also include support for advanced features such as predictive coding and analytics. Selecting an inadequate tool can lead to significant delays, increased costs, and compromised outcomes.

Are Criteria and Processes in Place for Vendor Selection and Evaluation?

When selecting vendors, implement usability testing and feedback loops. It is also prudent to use your firm's checklist and compare it against vendor offerings to ensure quality, mitigate risks, and control costs.

Frequently Asked Questions

What Steps Are Necessary to Implement an eDiscovery Process at a Law Firm?

A law firm must develop standardized procedures when developing an eDiscovery process. These should cover the Electronic Discovery Reference Model (EDRM) lifecycle, which includes:

• Information governance
• Identification
• Preservation
• Collection
• Processing
• Review
• Analysis
• Production
• Presentation

What Are Common eDiscovery Mistakes?

Common eDiscovery mistakes include:

• Failing to issue litigation holds
• Poor data preservation
• An overreliance on keyword searches

Inadequate review processes, a lack of understanding of eDiscovery technology, and mishandling of data collection can also lead to issues. Other errors involve:

• Inadequate quality control during review
• Insufficient due diligence when selecting technology
• A lack of expertise

All of these could lead to costly blunders or potential spoliation of evidence.

Preparing Effectively for eDiscovery Software Implementation

Using a readiness checklist when implementing litigation eDiscovery software can help your firm mitigate risks, control costs, and ensure a defensible process. Conducting a thorough readiness assessment before investing can help when deciding on the best software and vendor.

Reveal's superior AI-powered eDiscovery platform covers all phases of the EDRM lifecycle, allowing users to work more efficiently and with greater accuracy. Our technology continues to facilitate accelerated workflows and reduce eDiscovery costs for over 4,000 clients, and can do the same for you. Start your journey to greater efficiency by exploring our software demo.