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Four key trends in eDiscovery for 2022 – Disclosure & Electronic Discovery & Privilege



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Technology gives legal professionals the option to collaborate
via apps, work remotely and better manage the information needed
for their cases.

Cloud-based solutions make it easier to collect important
information through streamlined workflows while decreasing
litigation costs.

New trends in eDiscovery demand greater flexibility, scale,
workspace customisation, cyber awareness, strengthened data
privacy, automation and an ability to augment outsourced resources
with team capabilities better utilised to increase the likelihood
of winning cases.

Let’s explore several of the most important trends in
eDiscovery.

RISE OF DATA TYPE COMPLEXITY

Each year the eDiscovery Business Confidence Survey provides
insights into the confidence of those working in eDiscovery. Each
survey highlights that data type complexity has one of the most
significant impacts on people in eDiscovery. For several years, the
volume of data has been a substantial obstacle; however, data
complexity is now as least as big a challenge for eDiscovery.

Several other insights were also reported; The percentage of
respondents viewing the impact of increasing types of data as a top
business issue increased markedly over the last quarter and is now
one of the leading concerns regarding eDiscovery business
performance. The impact of increasing volumes of data continues to
be one of the top issues impacting business performance.

WORKFLOW AUTOMATION ADDING VALUE THROUGH SAVED TIME

Legal teams will increasingly rely on automated tech to
accelerate time-consuming processes as Workflow Automation becomes
a crucial part of discovery. These solutions help save law firms
and in-house counsel time on cumbersome tasks enabling a focus on
more important matters.

Automated Workflows leverages the scale and flexibility of the
cloud to eliminate many manual processes. Global eDiscovery vendor
RelativityOne customers have, over the past six months, seen an
average of over 5,500 clicks saved, and got over 160 hours of work
time back by leveraging Automated Workflows.

Some of Law In Order’s law firm clients have been able to
focus on high-value advice from the time saved in evidence
management and case setup. Some legal departments have retained
more work in-house from the time and money saved using automated
workflows and templates. AI and workflow automation will continue
to assist legal decision making and give legal teams much of their
time back.

THE INTERSECTION OF CYBER SECURITY, PRIVACY AND EDISCOVERY

In a recent interview, AI Visionary Kelly Friedman outlined her
views regarding the intersection of eDiscovery, data privacy and
cyber security. She explained that the widespread use of AI in our
daily lives creates more data to be analysed and can become
significant evidence.

“I started to learn about e-discovery in the early days
because I realised that the facts were soon going to be largely
found in digital information. It was clear to me that some of that
information was always going to be personal information and that
you could not become an expert in dealing with digital evidence
issues without privacy expertise,” said Kelly.

eDiscovery service providers cannot simply practice in one area
while ignoring others. Practitioners must demonstrate expertise in
cybersecurity with integrity and respect for information and its
privacy implications.

THE EMERGENCE OF A FULL SPECTRUM “END TO END”
APPROACH TO EDISCOVERY

While AI, Automation, data volumes and complexity have been
well-documented trends in eDiscovery, there is also the emergence
of an end-to-end approach to eDiscovery or an
“e2eDiscovery” approach. Many application vendors only
provide silo technology solutions, and some managed legal service
providers may lack the breadth of expertise needed to augment all
the needs of a legal team. We are seeing the emergence of
outsourced Consulting, Forensic and Review providers able to
provide the best balance of end-to-end solutions across the
spectrum of investigations to discovery.

In addition to expertise, it is an ability to augment legal
teams by providing a balanced-resource approach where you consume
only the resources you need according to a skills/resource’s
matrix aligned to the strengths/gaps of the legal team. This
scalable, flexible approach is a more efficient way to leverage
eDiscovery technology and human resources to maximise a positive
outcome for your case.

Building on the growth in data and automation of recent years,
the future of eDiscovery will witness the overlapping of innovation
with privacy and cyber security and driven by an end-to- end
approach to technology and advisory services. Balancing these
trends while embracing new technologies will further take advantage
of remote working and other recent trends that will drive even
greater success through efficiency if appropriately managed with
the right outsourced partner.

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