eDiscovery and Data Preservation Costs-How to Keep Them Under Control
In an effort to streamline efficiencies as well as keep data preservation and eDiscovery costs under control, law firms are increasingly investing in technology across the entity to assist litigators with end to end eDiscovery processes.
A few months ago, I met with several of the smartest, most well-recognized, top Attorneys in Boston to discuss a myriad of topics including the interoperability of previously deployed / existing technology solutions, as it pertains to eDiscovery.
eDiscovery and the Tools that Drive the Process
I walked away from five hours worth of meetings with a refreshed sense of how law firms operate, the role technology plays in discoverable documents, data extracting, data culling, keyword searching, data preservation, de-duplicating large volumes of content, and what drives Firms to procure translation.
Not only is technology playing a leading role in bringing efficiency to firms, but as business becomes increasingly global, translation needs are more frequently needed due to the global nature of a firm’s client base.
Translating the Right Content – A Catch 22
It becomes a catch 22: With an increased need for translation, how do litigators pick and choose the right content to translate without wasting money on content that doesn’t impact the case? Rather than skip the translation process entirely and risk not collecting relevant discoverable documents, many Attorneys turn to internal colleagues for assistance understanding a document’s intent. When bilingual Attorneys, Secretaries or Mail Office Clerks take time away from their day job to assist with a quick read of a document, you recreate the wheel each time not storing the translation assets for reuse later (which equals money). Sound familiar? It’s because this scenario happens time and time again.
Interested in more? Check out our LionDen Legal Library session featuring Irene Fiorentinos from Jones Day who focuses on the preservation and exchange of documents as impacted by foreign language, including:
1) How do you effectively communicate a “litigation hold” request to global a workforce and one that does not speak English? Must you translate that request in order for it to be considered “reasonable” under current law and precedent?
2) What do you do when you collect all the discoverable documents and they are in multiple languages? How do you deal with your obligation to present these documents to the “other side” when you can’t understand what they say?
3) What particular issues exist in document production due to the different rules that apply to attorney-client privilege outside of the US?