The truth is that successful companies have embraced the brotherly bond that IT and legal departments share in this age of technology. Your IT and legal teams should be talking every day. Its crucial to avoiding document retention issues, e-mail archiving and a whole host of complex issues that are crucial to managing discovery. And successful companies dont simply embrace this bond they create a plan, put processes in place, and stick to the strategies they lay out.
In the traditional corporate environment, the accepted policy has followed the mantra legal is legals problem. But companies today have recognized that any legal issue isnt just the legal departments problem anymore, especially when a lawsuit is filed. The amount of electronic processing that comes into play across the entire company builds an even larger role for the IT team in preserving and collecting documents relevant to the litigation. Paralegals arent specialized in stopping staff members from deleting email; the nature of email correspondence and like forms of electronic documentation requires the delicate touch of IT personnel. The closer the IT person is knitted into that environment, the better.
In contrast, the companies that do it right integrate legal and IT so IT staff can step in and take care of the technical aspects. Why? Because search technology is complex, and it takes someone knowledgeable in IT to manage it. Transversely, IT personnel arent versed in law. Data shouldnt be handled as data, but as "evidence", a very distinct difference when dealing with critical information that requires special handling, documentation and procedures at every juncture. Some legal departments even employ their own IT staffer within the group to manage the technical end and communicate with the IT group. This is a great way to let your IT group focus on typical IT help desk issues while one or more professionals dedicate themselves solely to the needs of the legal department.
The IT team must be involved from the very beginning. After all, who knows software and the many places that data can hide throughout an organization better than IT? You want to choose the right e-discovery solution, so you need the right professionals to be involved.
Lets look at a scenario. Pretend an employee has an attachment and sends it out to 20 people. A lawsuit is filed, and the company in question has to provide documents relevant to the case. Because that attachment is the same for all 20 people, there is no reason to read it 20 times when youre collecting the facts for the case. This holds true for a large minority of duplicate and potentially non-responsive records.
A paralegal runs a deduplication program reducing the total number of records from one million to 800,000. That same paralegal is called up on the witness stand nine months later, and the judge questions him/her on the relevance of removing some 200,000 records. You must have a defensible position. If the paralegal only knows how to run the initial deduplication (which is often the case), he/she probably wont know how to run a report on what was accomplished during the deduplication process.
How does the judge know he/she didnt remove documents that ultimately could have taken the case in a different direction? Were the processes documented? Can the procedure be reproduced? Does anyone even remember what happened nine months ago?
If you cant prove why youve done what youve done, you leave yourself in a tough position. The same applies for search terms. Searching through one million records for the relevant ones based upon key terms, concepts, dates, etc., is painstaking, time-consuming and extraordinarily complex. If you dont have the IT expertise to explain how you narrowed down your search, you dont have the defensibility you need to hold up in court.
The organization that embraces the disconnect between IT and legal as a business problem is the organization that does it right. Create a planning statement and define the roles IT and legal departments will play together. If you do it early enough and adhere to the plan, you dont run the potentially costly risks of finding yourself indefensible in court.
Dean Kuhlmann is responsible for sales, client and partner relationships as well as product positioning with the Viewpoint product line for Lateral Data, a provider of eDiscovery solutions. Drawing from his technical expertise as a hardware engineer, Dean brings more than 24 years of sales, consulting, and executive management experience in the eDiscovery, legal, and technology industries to Lateral Data.