When working on legal investigations or litigation in a large organisation, it is common to repeatedly engage with the same data sources. However, looking into immense volumes of data manually and without the right technology enablement can become costly and distract from the day-to-day running of the business.
Leveraging eDiscovery cloud-based software can help to make this process more efficient and effective.
Speeding up searches
Traditionally, each legal investigation would collect data separately, analyse it, and then use what was required for that investigation. By using eDiscovery cloud software, it is possible to reduce some of this manual handling, and engage in ‘repeatable eDiscovery’.
For example, it is possible to draw together and analyse your company’s broader data set once for potentially relevant data, and to place that data in a ‘staging database’. By having a custodian’s data once, the data set can be reused for another investigation. Of course, timeframe and topic of the new investigation are important factors to consider when re-using data. If it all fits together, as a new investigation starts, the legal team can simply go into that staging database and conduct a targeted search for relevant documents to promote to the ‘review database’. Document review is therefore able to start quickly, while also saving valuable resources.
The power of prediction
To gain even more efficiency in a legal review, eDiscovery software can help with ‘predictive coding’ – also known as Technology Assisted Review (TAR). Predictive coding is a combination of human intelligence and Artificial Intelligence (AI) working together to analyse data quickly and elevate information that is likely to be relevant to legal needs.
To offer a hypothetical example, an organisation may have 1 million items of data that need to be reviewed for a legal situation within 2 weeks. By engaging the predictive coding capabilities, it may be possible to take a statistically significant sample of that population of documents, for example 30,000 pieces of data, then have lawyers who have deep knowledge of the case review those to make rules about what is relevant and what is not. The lawyers can then ‘teach’ the rules to the AI, which in turn applies them across the remaining 970,000 pieces of data.
To speed things up even more, the lawyers can create ‘not relevant rules’ – such as to ignore internal company communications with words like ‘file timesheets’, or ‘holiday dates’ included. These can be applied across all cases for a reduction of false positives. This can increase the quality of the results and provide even more efficiency. It is also possible that the AI could be instructed to draw on insights gained from previous investigations and reapply them.
By using these repeatable eDiscovery capabilities, the lawyers quickly gain access to the material that is relevant, saving immense time and cost.
Proactive review and oversight
In some situations, litigation and other legal challenges can be foreseen, such as when dealing with large and contentious infrastructure projects. Using eDiscovery software, it is possible to get a step ahead by deduplicating data in advance – such as numerous contract drafts – to save time when the litigation comes. For multinational organisations, using e-Discovery cloud technology can also help with deduplication on a global scale.
A further proactive step is to use the technology to undertake sentiment analysis to detect relevant information that does not hit on keywords and to use automatic transcription when faced with multiple languages to gauge where any legal or compliance issues could arise. This can drive reviews of organisational compliance processes to mitigate potential regulatory concerns.
With eDiscovery tools, you can enhance investigations, reduce costs and improve the accuracy and speed of review in litigation and related operational functions. It will also help you to future proof your compliance function for the digital age.
For all of these benefits of repeatable eDiscovery to be realised, you need good data governance so that all the right data is readily available to the eDiscovery platform. Good data governance will provide a consistent environment upon which to take advantage of the advancements in eDiscovery. Therefore, it is important that the whole organisation understands the impact that a sound approach to data can have on legal outcomes and compliance.
Do you have a good understating of predictive coding used in eDiscovery? Do you need to reduce cost and increase efficiency in your Legal operation function? Do you have sound data governance? Reach out to find out more about how we can help.
Are you not able to find key documents quickly and cost effectively? Have you managed to make cloud work for your litigation and investigation portfolio? Stop wasting time and contact us today.