E-Discovery Software Questions

Considering selection of an eDiscovery software platform or upgrading to a better one for your case or your entire law firm to use? There are numerous in-house, vendor outsourced or cloud-based software solutions both for e-discovery processing and document review in the current litigation support marketplace to choose from.

A recent article on Legaltech© News provides some useful questions for a law firm to ask to help select the solution that best meets your needs. In Buying a New E-Discovery Platform? 8 Questions You Need to Ask First, the author (Zach Warren) interviews two prominent e-discovery attorneys: Gareth Evans of Gibson Dunn and John Rosenthal of Winston & Strawn, to get their input on the questions firms should ask themselves before investing in an eDiscovery platform or consider cloud-based solutions from a vendor. See the website link to read the full article:


The article is more from the perspective of a firm looking to invest in an in-house e-discovery solution. The key points to consider are:

time-money-scale• What do your attorneys and staff actually use now? What are their likes and dislikes on using current software if they even are?
• Will they use the technology? Are greater functionality needed like data analytics or do they just need to review documents? Most attorneys prefer ease-of-use.
• Can your firms IT network and IT staff handle and support an in-house platform?
• What is the overall cost components, licensing fees, and contract length? Consider your internal IT, hardware and project management resources in addition to the software cost too. Does the costs and internal IT resources needed justify or outweigh the benefits of an in-house solution?
• Where will the data reside? Data security is critical issue today to protect your clients data. Does your firm have a secure firewall and backup storage capabilities? Or are you better off hosting the data with a vendor with a more robust IT data security?

As an alternative or even to complement current in-house software, cloud-based solutions are becoming much more prevalent and capable of handling more complex e-discovery processing beyond just basic hosting. So, also see a recent article in the Bloomberg BNA article 2016 – The Year of Cloud-Based E-Discovery? (written by Daniel Garrie and Yoav M. Griver of Zeichner, Ellman & Krause – see https://bol.bna.com/2016-the-year-of-cloud-based-e-discovery/), where the authors note that “cloud-based computing will become more fully enmeshed in the e-discovery marketplace”.clouds

So it is becoming easier to find a cloud-based solution that meets the needs of the firm or on a specific case at a much more economical cost than a solution in-house. Cloud-based solutions offered by vendors can be more case-specific and billable vs. the fixed on-going costs of in-house software. Plus you have dedicated vendor support and typically stronger overall data security required by the vendor for the cloud software.