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LitSupport: What to Expect in 2017

11 January 2017

At LitSupport, we are always keeping our eye on the new technologies and methodologies in our field.  Our clients will always get the most appropriate solution for their problem, whether that is the latest technological solution or the application of a traditional management methodology.  At LitSupport, we believe that just because a solution is new, it does not necessarily mean that it is appropriate in every situation.  There are recent developments, however, that we think will make a big impact on all litigation practitioners.

As law firms across the globe gradually move toward exclusive cloud storage, a greater emphasis on the standardisation of security and confidentiality protocols will be needed.  Suppliers will need to be able to demonstrate (and develop, if they haven’t already), security protocols for accessing and processing information when carrying out eDiscovery.  Independent certification and demonstrable protocols, such as those held by LitSupport, will increasingly be a competitive advantage.

In the past, discovery has been a human based process.  However, given the huge amount of data and metadata that even the smallest organisations now generate and store, the idea of human review for every category of information is increasingly unrealistic.  Big data experts estimate that 2.5 exabytes (2.5 billion gigabytes) of data is produced every single day.   Clearly, exclusively human review of information in the discovery process is coming to an end.

Software assisted information review will begin to feature more prominently in 2017.  Technology based document review offers an almost instantaneous review of all data in a set based on agreed parameters that can include keywords, data types, date review, etc.  At this stage, even just using technology-based document review as a first step to help identify important data for human review will make the discovery process much more efficient, wide-reaching and accurate.

Negotiated search and review parameters will be programmed into review software.  This will ensure consistent interpretation and application of court rules across an entire data set; something that is almost impossible with human reviewers.

A wider-reaching data set is also inevitable as the boundaries dividing employees’ use of mobile devices for personal and work reasons blur. Quite often, an employee’s work device will be heavily used for personal reasons: communication, entertainment, administration, etc.   This blurring means that important work data may be stored in a personally enabled space and vice-versa.  A greater understanding of the patterns of work/personal data generation and storage will be needed.  Working together, suppliers and law firms will need to develop protocols for an accurate, sensitive and lawful extraction of work data from personally enabled devices.  Increasingly, this will be relevant regardless of whether the device is owned by the employer organisation or the employee personally.

At LitSupport, we look forward to being on the cutting edge of identifying issues and providing appropriate, proportional and cost effective solutions.  This proactive attitude has helped us to become the exclusive, trusted advisor on issues of litigation administration and support for many of our largest clients.  The relationship between supplier and law firm will continue to develop into one of partnership and joint enterprise.  This is a development that we welcome and will support throughout 2017.  When our clients are successful; so are we!

Season’s Greetings.

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