Legal Process Outsourcing
Addressing the complexities and challenges of eDiscovery with managed services
Discovery is one of the most critical steps in a litigation process, where the parties involved exchange information crucial to building their case. As the information has moved to digital mediums, solutions facilitating eDiscovery in the cloud have emerged to help prosecutors and law enforcement agencies collect, review, and produce Electronically Stored Information (ESI). It brings many advantages to the traditional discovery process, including efficient and cost-effective processing, greater access to evidence, improved accuracy, enhanced collaboration, and improved case management.
Overcoming major challenges with eDiscovery in the cloud
Despite its benefits, implementing eDiscovery solutions is still a daunting task that requires significant legal and technical expertise. Implementing cloud-based eDiscovery solutions, with the help of managed services, can help overcome key complexities and challenges in eDiscovery, including:
Increasing data volume
One of the biggest challenges when it comes to eDiscovery is the sheer volume of data involved in the process. With the amount of data available, it can be challenging to identify information relevant to the case – especially when dealing with complex matters with data across multiple devices.
Implementing eDiscovery in the cloud can help prosecutors leverage tools like advanced search capabilities and document review tools to easily identify and tag the relevant information for review.
Diversity of data formats
In addition to the mounting data volume, the diversity of data formats – emails, computer files, text messages, or social media posts – also presents a unique challenge as each data type needs a different approach for identification, collection, and analysis. Managed services can help you overcome this challenge through advanced data management, organisation, search, and filtering capabilities.
Distributed data locations
ESI can come from many sources, including on-premises servers, cloud servers, personal devices, and more. This can make it challenging to locate the relevant information and monitor access. eDiscovery in the cloud overcomes this challenge by storing the data in a centralised location, with stringent data control, to ensure data integrity.
Data security and privacy concerns
Data security and privacy concerns are another critical challenge of eDiscovery. Sensitive information, like personal details or proprietary business information, can be at risk during the process, and investigators and prosecutors must balance the individual's rights to privacy with the need for evidence. Robust security features, like role-based access control, encryption, tools to redact confidential information, and data security protocols, can ensure only authorised personnel access the information.
Legal and regulatory compliance
The constantly evolving legal and regulatory framework can make it challenging to keep up with the latest requirements. Cloud-based eDiscovery solutions incorporate an expert understanding of the local and regulatory landscape, ensuring compliance and protecting prosecutors from legal or financial consequences.
Cost
Although more cost-efficient than the traditional discovery process, eDiscovery can still be costly, especially when handling large-scale litigations or if there is a dispute regarding the scope of the discovery or validity of the collected data. Leveraging eDiscovery in the cloud via managed services, prosecutors can not only simplify data collection, processing, and review but also avoid hosting costs with legal process outsourcing solutionsv.
Technical expertise
Technical expertise involved in eDiscovery can often stump investigators and prosecutors as they might not have the technical background necessary to navigate complex data sources and advanced tools. With managed solutions offering cloud-based eDiscovery, investigators get access to expert support teams that can help resolve any issues, answer questions about features, or offer expert guidance during setup and operations.
Legal challenges
Evidence in the eDiscovery process is subject to the same rules as physical evidence when it comes to chain of custody. Prosecutors and law enforcement agencies must be able to verify and authenticate the evidence from ESI. eDiscovery in the cloud overcomes this challenge with features like centralised data storage and organisation, metadata preservation, and digital chain of custody.
Emerging trends affecting the eDiscovery process
As the eDiscovery landscape evolves, emerging technological trends are reshaping how the legal community handles the process. Here are six key trends that are shaping the future of the eDiscovery process:
- Focusing on the early stages of the Electronic Discovery Reference Model (EDRM) to tackle data challenges and make eDiscovery more efficient and cost-effective.
- Continually refining data workflows to accommodate the evolving diverse data formats.
- Integrating archival and compliance solutions with eDiscovery in the cloud to streamline processes.
- Refining tools to identify and safeguard Personally Identifiable Information (PII) throughout the discovery process.
- Implementing protocols that leverage metadata to verify data authenticity and combat AI-generated false evidence.
- Cautiously exploring the potential of AI in the eDiscovery process.
How can Infosys BPM help manage eDiscovery in the cloud?
As information has migrated to digital sources, e-discovery managed services have become an integral part of the litigation process, playing a pivotal role in making the discovery process efficient and cost-effective. Infosys BPM eDiscovery managed services offer end-to-end solutions to successfully manage litigation support and investigations and accelerate ESI review and analysis. With services ranging from eDiscovery consulting, information management, and case assessment to data and review platform hosting and document review and production, our team of legal and tech experts can help you effectively manage eDiscovery in the cloud.