Category Archives: News

What Should Be in the Small Law Firm eDiscovery Toolbox: The Lawyerist Interviews Derek Miller

small law firm eDiscovery

The small law firm is often left out of the eDiscovery conversation. Faced with choosing an enterprise tool, sticking with legacy eDiscovery software that is no longer being developed, or the old standby, manual processes, it might seem that small firms are left little in the way of eDiscovery options.

But that isn’t the case. Recently, The Lawyerist interviewed Derek Miller, VP of Desktop Solutions at Ipro, on several of their podcasts, talking about just that: eDiscovery tools small law firms should keep in their toolboxes.

Why Do Small Firms Need to Care About eDiscovery?

Derek Miller: I have a firm that I work with here in Phoenix, a small firm, two attorneys and two paralegals. And they’ve decided to use technology from start to finish. From the first meeting with a client, they start a chronology on what they’re going to produce, and what they’re getting from opposing counsel. And they start with electronically created information and images, which means someone has to process it and work with it. So they use our desktop software to ingest that information, review, and produce it. They also manage their transcripts and synchronized video, and they build the entirety of their case through the use of this technology.

At every stage, they’re reviewing, producing, scanning, coding data, and putting it into a product that will allow them to then take all of that information and transition it through the litigation life cycle and then go into trial and present that information. Ironically, everyone has to prepare as if they’re going to trial; whether or not they end up there is dependent upon the case. And because they’re using technology at every stage, they’re already familiar with the facts all the way through, solidifying their strategy.

Lawyerist: They don’t have to wait until pre-trial, or even discovery, they’re ready to go from the beginning of the intake process. That sounds like a pretty powerful way to approach trial prep and litigation in general.

Derek Miller: I think so. And because they’ve adopted the software and are using it through the whole process, they don’t have to relearn it each time when they get to a certain stage. It’s just a natural part of the practice.

Lawyerist: How would a firm get started using technology like that?

Derek Miller: That’s a great question. First, go out and evaluate a couple of different products, decide what it is that you’re trying to do, and then how a particular software fits that goal.

Secondarily, I would invest heavily in the training. Once you become familiar with the software, then make that a part of your workflow.

Fact Management:

Lawyerist: What’s a tool that you think should be in every litigator’s toolbox?

Derek Miller: I think one of the tools that can be really helpful, and that’s a little bit underrated, is a Fact management tool.

Lawyerist: What is a fact management tool?

Derek Miller: It’s a tool that bridges the gap between the discovery/production phase of litigation and the trial phase. And with every case, you should be preparing as if you are going to trial, even if you don’t ultimately end up in the courtroom.

Lawyerist: I’m imagining that a fact management tool uses key facts, material facts, extraneous facts, as the central organizing principle, and my assumption is that it helps me organize what those facts are and identify why they might matter, helping me draw connections between them.

Derek Miller: Yeah, I think one way to think about a fact management tool is it’s like one of those photographic mosaics, where you’re trying to take a bunch of those little individual pictures and turn it into one big picture. And with litigation, you start with one big picture in mind, and then with all the little pictures you’re given, you try and paint it so it’s accurate and clearly seen. Sometimes that’s harder to do, because you’re stuck with all these little pieces of evidence, and you have to align those with all of the facts and issues of the case. A fact management tool can help you do that. You have to have the ability to manage witnesses, documents, testimony, and a chronology, and the ability to visualize “what happened when” is a key part of painting that picture.

Lawyerist: You just mentioned a chronology, what are some other key features you want to look for in a fact management tool.

Derek Miller: Something that ties together facts and the evidence that goes with it, whether that is a document, an email, a video, a transcript testimony from a deposition, any of those are all key pieces you want to manage. Additionally, you don’t want a tool that’s a bridge to nowhere. And what I mean by that, is that it would be great if all the effort and work product was going to transition easily into whatever you’re going to use for trial.

Lawyerist: Because the idea here, is that whenever I see a fact, it’s providing me with the additional context. So I know what that fact means, what the significance is, if it turns out to exist or not exist, if the fact is disproved or proved, and what that means for my case, and what are the documents I’m going to need to prove it up or disprove it.

Derek Miller: You’re right, and then which witness is going to testify and who’s going to introduce that evidence to help you out.

Lawyerist: Is this something that will work with my presentation software, or is this just something I would use myself on my laptop at my desk?

Derek Miller: It could be either/or. As I mentioned earlier, it could be something that’s going to transition that work product right into the trial software, so that if you do end up in the courtroom, you’re not redoing that work. It’s all going along for the ride.

Lawyerist: And that’s the philosophy behind Ipro, right? It’s something you begin using at the beginning of the case that helps you along the way, and then it also turns into a fact management tool as you need it to be, and it also helps you present your case at trial, and handles the whole lifecycle of the case.

Derek Miller: Exactly. We’re all about simplifying that entire process, from the start of discovery all the way through trial.

Redaction Woes:

Lawyerist: You were telling me about some PDF redaction disasters you were seeing recently that show what happens when you use software correctly, but for a purpose which it was not intended. Tell us what you’ve seen.

Derek Miller: Recently in the news, there was the story of the redacted information that was erroneously or accidentally exposed because of the tools that were used to do the redaction. It’s probably not the first or last time that will happen, but in this instance, it was an issue of understanding how the technology works versus the software itself, and that can be the bigger problem when it comes to selecting tools for the toolbox.

Lawyerist: So in this case, remind me, what was the situation and what was the tool that went wrong?

Derek Miller: Basically, the situation was they went through and they redacted some grand jury information, and the software did work as it was intended, and it did redact, but that doesn’t mean it was permanent or fixed, so an outside party was able to highlight, copy, and paste, and then show that redacted information in another document.

Lawyerist: This was the kind of situation where, someone drew black boxes over the document, which works if you’re going to print it, but doesn’t actually redact the digital information from the file.

Derek Miller: Correct. When you have an image or text, you can put a black box over it all you want, but the underlying data is still there. So while they did choose a redaction tool, they didn’t double check to make sure the information wasn’t still available.

Lawyerist: So how can lawyers make sure that when they are redacting PDF documents or other digital documents, they’re doing it correctly.

Derek Miller: That’s kind of the challenge: picking the right tool for the right job. Based on this recent experience, anyone doing redactions and producing redacted documents is going to understand how those tools work and be a little more careful so they avoid this type of mistake. But mainly you want to make sure you have the right tool in your toolbox. So use software that’s specifically designed to redact and produce those redactions accurately. And as far as the functionality of the software, you want to make sure it does a couple of things like automatically re-OCR the document to remove the text under the redaction, run validations to make sure the redactions are burned in and the text is correct, and then be able to create layered redactions so that multiple production sets can be sent to multiple parties.

In addition to those functions, in the Ipro for enterprise and Ipro for desktop products, there is a feature called Production Shield which identifies those types of documents that need that added layer of review before they’re produced.

Lawyerist: Which can keep you from making mistakes. Kind of like the email feature that reminds you when you’ve forgotten to attach something.

Derek Miller: Exactly. In a similar way that your email will ask, “Are you sure you want to send?” or “Did you mean to attach documents?” Production Shield works in a similar way where it says, hey, you may want to check these documents to make sure the redaction is correct and there’s no underlying text that could inadvertently get disclosed.

Lawyerist: That sounds pretty handy! Thanks so much for being with us today, Derek.

Derek Miller: Thank you.

 

Find out how 5 legal teams overcame their challenges, utilizing Ipro’s Hybrid approach to eDiscovery.

Download the eDiscovery Adventure Guide Today!

Ipro eDiscovery Adventure Guide

Having Trouble Navigating the Unpredictable Waters of eDiscovery? Download Ipro’s Adventure Guide!

eDiscovery adventure guide

Ipro’s eDiscovery Adventure Guide

Find out how 5 legal teams overcame their challenges, utilizing Ipro’s Hybrid approach to eDiscovery.

There are a lot of stakeholders and processes involved in eDiscovery, which makes it an extremely complex adventure. For many years, people said that with the right software, you could handle everything. But software alone isn’t enough. That’s why you need a technology partner to help navigate the unpredictable waters of eDiscovery.

When software isn’t enough: Data continues to grow in size and complexity, and the need for that data in investigations and litigation is now a daily occurrence. For an agile response, innovative approaches to eDiscovery are necessary, and rather than trying to go at it alone, forward-thinking legal teams will look toward a hybrid approach.

Download the eDiscovery Adventure Guide Today!

Ipro eDiscovery Adventure Guide

How Case Managers Bridge the Gap Between eDiscovery Software & Services: An Interview with Lori Bregenzer

eDiscovery case managers

Ipro’s hybrid approach to eDiscovery means we’re more than just a software producer: we bring a true partnership to the table via our Case Managers, whose ultimate goal is to become an extension of your team – to know the details of your data, the deadlines that are looming, and provide options for the most efficient and stress-free experience as possible.

As a way of highlighting this partnership, we’re featuring our Case Managers here in the Ipro Newsroom.

Lori Bregenzer brings over 20 years of litigation technology experience to the Ipro Services Team. Her background as the Litigation Technology Manager for a large law firm and subsequently as the owner of a boutique litigation software training and consulting company has built a solid foundation of both technical and customer-focused skills which she leverages in her role as Case Manager for Ipro.

Here are the highlights of our conversation:

What makes Ipro Case Managers unique in the eDiscovery industry?

“Decades of industry experience using, training, supporting, and consulting on litigation technology. In my positions prior to joining the Ipro team, I struggled to find a service provider who took the time to learn the intricacies of my projects. Quite often, my project was treated as ‘just business’. It’s very rare in this industry to find a provider who strives to becomes a true partner.

“We know the Ipro solutions better than anyone else. We also know our competitor’s software, because we’ve actually used it in the past. Our goal is to become an extension of your case team, bringing value by building in efficiencies, custom workflows, and unparalleled technical skills.”

How does an Ipro Case Manager help clients?

“We take time to learn the details of your project so that we can suggest ways to simplify the complex discovery tasks you face every day. Our goal is to ease the many pain points of processing, document review, and production.”

What are some of the biggest challenges / trends you’re seeing in the eDiscovery industry?

“Collecting, organizing, and managing the ever-expanding volume of data involved in litigation today.”

How does Ipro generally and Ipro’s Case Managers specifically solve these eDiscovery issues?

“Ipro is completely scalable in our solutions. No project is too big or too small. Ipro’s Case Managers have years of experience dealing with all levels of projects and the many difficult processing and production requests that invariably come up.

“This personalized approach to eDiscovery services is what draws me to the Case Manager position. As your Case Manager, I make it my business to build a relationship with your legal team. We’ll discuss your data processing requirements up front and develop a game plan to get your review off to a quick and successful start. I’ll point out ways to conduct document review more efficiently, and thus more cost effectively. Additionally, I’ll know when the deadlines are coming and proactively work with you to not only meet them but beat them.”

To Learn more about Ipro’s Managed eDiscovery Services, visit us here!

Women in eDiscovery Phoenix Chapter Hosts Judges Roundtable

Women in eDiscovery Phoenix Judges Roundtable

Women in eDiscovery Phoenix Chapter Hosts Judges Roundtable

Photo: Front Row:  Kate Mortensen (Chief Legal Officer, Xact Data Discovery), Jamie Sheppard, (Client Success Manager, Ipro Tech), Tiffany Trejo (eDiscovery Specialist, Ricoh eDiscovery), Judge Pamela Gates (Maricopa County Superior Court, Presiding Judge), Judge Danielle Viola (Maricopa County Superior Court, Victoria Stevens (Sr. Paralegal, Wilenchik & Bartness, P.C.); Second Row: Judge Samuel Thumma (Arizona Court of Appeals), Lisa Waldin (Project Manager, Ryley Carlock), Judge Dominic Lanza (US District Court for the District of Arizona)

On October 17th, the Phoenix Chapter of Women in eDiscovery hosted a Judges roundtable event at the downtown offices of Snell & Wilmer. Four judges came to speak to over fifty attendees about eDiscovery trends and best practices they are seeing from the bench. Lunch was sponsored by Ipro.

WiE was launched in 2007 as a non-profit organization focused on providing women with legal technology education, networking and leadership opportunities. It’s now 28 chapters strong and growing, with each hosting monthly or quarterly meetings comprised of professionals within the legal industry including law firm and corporate legal attorneys, litigation support professionals, paralegals, legal IT staff, consultants, and vendors.

Below are highlights of what each speaker shared during the roundtable.

 

Hon. Dominic W. Lanza, US District Judge for the District of Arizona

eDiscovery Tip: “I don’t always hold Rule 16 meetings but begin with a Rule 26f conference right away. It may be your only shot to raise issues or concerns, so it’s vital that you find a way to be concise in disputes and crisply discuss scope with a focus on specifics and costs during the meet and confer.”

Before his appointment to the bench in 2018, Judge Lanza spent 10 years at the U.S. Attorney’s Office in Phoenix, where his responsibilities included serving as the chief of the financial crimes and public integrity section and, later, as the office’s chief assistant. Before joining the U.S. Attorney’s Office, he worked for five years at Gibson Dunn & Crutcher in Los Angeles, specializing in appellate litigation, and clerked for Judge Pamela A. Rymer of the Ninth Circuit.

 

Hon. Pamela S. Gates, Maricopa County Superior Court Presiding Judge

eDiscovery Tip: “I suggest a focus on cooperation by all parties through the 4 P’s of eDiscovery: Preservation, Production, Protection, and Proportionality. For example, if something can’t be produced, give reasons. The worst thing that could happen is to claim you’ve produced everything and have opposing counsel bring up something you’ve missed.”

Judge Gates was appointed by Governor Jan Brewer in September 2009 to serve on the Maricopa County Superior Court. She currently serves as the Presiding Civil Judge. Prior to this rotation, she served as the Associate Criminal Presiding Judge and the Associate Presiding Judge for Family Court (Downtown). Judge Gates served on numerous state-wide committees and received the 2018 Maricopa County Bar Association Judicial Officer of the Year Award and the Penny Gaines Collegiality Award. Prior to becoming a judge, she worked as a partner at Bryan Cave LLP.

 

Hon. Danielle J. Viola, Maricopa County Superior Court Judge

eDiscovery Tip: “Unless judges understand all of the details, they can’t rule. This is why it’s important to provide specific information, especially during proportionality complaints, and make experts like I.T. personnel readily available to answer questions.”

Judge Viola was appointed to the Maricopa County Superior Court in 2011. She currently enjoys a civil assignment and is chair of the Jury Advisory Committee for Maricopa County Superior Court, as well as serving on the Advisory Committee on the Rules of Evidence and the Court Interpreter Program Advisory Committee. From 2014 through 2019, Judge Viola presided over a criminal calendar where she also served as the Administrative Judge for the Post-Conviction Relief Unit and as the Associate Presiding Judge for the Criminal Department. Prior to joining the bench, Danielle she was a partner at Snell & Wilmer.

 

Hon. Samuel A. Thumma, Arizona Court of Appeals Judge

eDiscovery Tip: “Judges are strangers to the individual cases, so you need to be prepared to educate and explain. Anytime you have an ESI issue come up, it’s a learning opportunity for everyone. This is why it’s important to have eDiscovery experts who are able to speak to both the technology and legal concerns in clear language.”

Judge Thumma has served on the Arizona Court of Appeals, Division One, since 2012, serving as Chief Judge for two years ending June 30, 2019, and Vice Chief Judge for two years ending June 30, 2017. Before being appointed to the Court of Appeals, Judge Thumma served as a Judge on the Arizona Superior Court, Maricopa County, for nearly five years, presiding over criminal and juvenile matters (including nearly 250 trials) and serving as an elected member of the Judicial Executive Committee. Nationally, Judge Thumma is a Uniform Law Commissioner, where he chairs the Study Committee on Jury Selection and Service; is a member of the Committee to Monitor Developments in Civil Litigation and Dispute Resolution and chaired the Drafting Committee for the Uniform Employee and Student Online Protection and Privacy Act (2016). He is a member of the American Bar Foundation. By appointment of the National Center for State Courts, he serves on the Joint Technology Committee, a cooperative effort of the NCSC, the Conference of State Court Administrators and the National Association for Court Management. Judge Thumma is a frequent lecturer and author, having presented at more than 340 seminars and published 12 law review, and 50 other law-related, articles. Before joining the bench, Judge Thumma was a partner at Perkins Coie Brown & Bain, P.A., in Phoenix, and an associate at Arnold & Porter in Washington, D.C.

 

Download Ipro’s FRCP Cheat Sheet to brush up on your eDiscovery Rules!

FRCP eDiscovery Rules

Download Ipro’s FRCP Cheat Sheet to brush up on your eDiscovery Rules!

The Federal Rules of Civil Procedure (FRCP) are just that: rules established by the Supreme Court and approved by Congress, specifying procedures for civil legal suits within US federal courts. There are several of these that apply specifically to eDiscovery and understanding their role in the process is vital for any practitioner, whether you’re on a corporate legal team, part of a law-firm, or a specialist at a service provider.

Don’t want to read pages and pages of legalese just to learn the Federal Rules of Civil Procedure (FRCP) that apply to eDiscovery? We’ve got you covered!

Ipro FRCP Cheat SheetNeed to brush up on your Federal Rules of Civil Procedure as they apply to eDiscovery?

Download Ipro’s FRCP Cheat Sheet!

5 Reasons Your Legal Team is Being Held Back by Legacy eDiscovery Software

legacy eDiscovery software

We’ve all been there: we know we need to change our way of doing things but are stuck in the status quo. We tell ourselves, if it isn’t broken, why fix it, because the thought of going through the difficulty of evolving often overshadows any benefits that might come with updating.

Those of us working in eDiscovery are no different. Even as digital information is constantly growing, file types changing, and processing and review costs continue rising, we hang onto outdated software that becomes more and more unstable with age—from limited processing capabilities, issues with filetype compatibility, or a lack of continued development and support.

Here are 5 reasons why continued use of unsupported legacy software is a ticking time bomb in your eDiscovery process.

  1. Tech Support

This is an obvious one. Using legacy eDiscovery software that is no longer supported by the company that created it is like driving a car with high-mileage and no warranty: it may still run fine and get you from point A to point B, but when it breaks down, you’re on your own.

  1. Operating System Support

As far as digital lifespans go, 5 years is a long time. If your legal team is using legacy eDiscovery software which was created for older versions of an OS, it could lead to issues if it’s no longer being supported to meet with scheduled OS updates. (For example, Microsoft released Windows 10 in 2015, which has had 7 additional versions updates since then, with various “end of service” dates scheduled in 2020).

  1. File-type support

It’s no secret that data is growing exponentially each year, particularly in the corporate sector. From an eDiscovery standpoint, the challenge lies with the near infinite number of file types (and variations within each type) in which data can live. Every program and application you use creates different file types: email, chat, social media, planning and content-creation tools, etc. Different versions of the same program or application create variations of those file types, and different formatting within each of those can create still more variations. From this perspective, it’s easy to see why a legal team needs software that is continually being updated in order to keep up with this growth.

  1. Lack of advanced tools and analytics for today’s workflows

More and more, legal teams are looking to add the latest tools which increase the speed, accuracy, and efficiency of document search and review. If your team is using software that is no longer being developed or supported, you may be missing out on the latest innovations in Early Case Assessment (ECA), Technology Assisted Review (TAR), and other advanced technology which allows your team to deal with larger datasets and take on more complex cases.

  1. Difficulty meeting unique production requirements

FRCP Rule 34(b) states that a requesting party may specify the form or forms of ESI production, which are determined by the parties at the Rule 26(f) “meet and confer” conference. The inability to meet unique production requirements due to outdated or unsupported software will result in having to turn to outside service providers to do the job for you, resulting in extra costs and added stakeholders, in order to meet the production deadline.

Functional Software isn’t a Long-Term Solution

It’s time to stop struggling with legacy eDiscovery tools. Ipro easily migrates data from the most popular legacy flat-file review databases and has been purpose-built with the most cutting-edge features in eDiscovery. No matter what your eDiscovery needs are, Ipro has the flexibility, scalability, and value to meet them.

 

Register for Ipro’s upcoming webinar:

eDiscovery from the Trenches: 3 Veteran Practitioners Discuss How to Create a Successful eDiscovery Workflow

Redaction Errors in Federal Opioid Case Reveal Importance of Legal Technology

legal redaction technology

Redaction Errors in Federal Opioid Case Reveal Importance of Legal Technology

For as long as humans have been writing things down, redactions have been a part of the process. In the beginning, they were used to integrate disparate stories and folktales, but these days, when we hear about redactions, it’s usually in regard to investigations and legal actions.

For the public—especially those who are hungry for conspiracy theories and secrets—redactions are a tantalizing hint at what’s not being said; however, for those in the legal industry, redactions are a part of everyday life. But this doesn’t mean they’re mundane! On the contrary, failure to redact documents or to make sure that redacted content is produced in its redacted format can be case ending (and job ending for the person responsible for the error).

The most common reason this happens, is because law firms are taking the “redact by hand” route instead of using tools that properly manage productions to ensure documents meet the expected production requirements (i.e. making sure the information meant to be kept private is hidden). By not using redaction technology, law firms are flirting with disaster.

Which is exactly where a law firm found itself, after exposing secret grand jury information in a court filing as a result of using Microsoft Word and Adobe Acrobat, instead of specialized redaction technology, which the partner said, “is specifically designed to avoid such issues. The failure to use this software was inadvertent oversight.”

At first glance, the filing appeared redacted, but a member of the press was able to defeat the redaction by simply copying the black-out boxes and pasting the text into a new document.

Ryan Joyce, VP of Strategy at Ipro, commented, “Time and time again we have seen the same headline—a law firm or government agency getting in trouble for not handling their redactions correctly. Why is this still an issue after all these years? Any software can draw a colored box over text, but only the right software will produce it correctly.”

But even when redactions are properly handled, a newly published study by the University of Zurich may make them a moot point. By using a combination of AI and over 120,000 legal records, researchers “were able to identify the participants in confidential legal cases, even though such participants had been anonymized.” And if that doesn’t give pause, they did so with an 84% accuracy rate after mining data for only one hour.

Still, even if anonymized information in legal documents can be defeated—by robots or gross oversight—the requirement to redact documents correctly isn’t going away anytime soon. Which means law firms should ensure they have the technology in place to properly handle redactions, along with the processes in place to ensure that technology is used. If they don’t, it could mean sanctions for the firm and unemployment for the individual who made the error.

How Ipro Can Help with Redactions

Tools like Ipro’s Production Shield (which is included in the enterprise and desktop eDiscovery solutions by Ipro) allow administrators to add another layer of protection for documents that should not be produced. When using Production Shield, such documents are identified during the validation phase of the export process, giving administrators the opportunity to correct conflicts and ensure only appropriate documents are produced.

In addition to Production Shield, Ipro ensures accurate redactions by:

  • Automatically re-OCRing the document to remove any text under the redaction
  • Running validations to ensure redactions are burned in and the text is correct
  • Creating layered redactions, so multiple production sets can be sent to multiple parties
  • Having 30 years’ experience in the legaltech industry – we know our redactions!

 Find Out More About How Ipro Can Ensure Accurate Productions for your Firm!

 

Written by Jim Gill
Content Writer, Ipro

Ipro Announces Major Performance and Productivity Gains to its Best-In-Class Processing Engine, eCapture

eCapture by Ipro

Over the last four years, Ipro has been updating its industry-leading processing capabilities based on the foundation of eCapture. It is the backbone processing engine of the Ipro for enterprise solution. Ipro’s new streaming technology has automated the entire eDiscovery process from the upload of data through Production into ECA or Review. Integrating with Ipro for enterprise’s self-service module allows custodians to upload documents without needing direct access to the controller or job queue. The automation allows customers to kick off a job and leave the office knowing that the case is rapidly moving forward.

The quality and the amount of processing options to handle complex data types truly sets eCapture apart from all other competition. This includes the QC Module, which is a feature-rich quality control module allowing customers to filter and find flagged documents, validate processed data, and easily correct issues.

While already hailed as best-in-class by industry analysts and users for its ability to take control over large, complex data sets with outstanding speed and unparalleled quality, Ipro continues to innovate and dramatically improve eCapture, creating major performance and productivity gains in the software, including:

  • Unlimited extraction of meta-data fields
  • Increases in overall processing speed, up to 40%
  • Report generation speed performance gains of up to 95% on SSDs
  • Up to 70% efficiencies in CPU usage
  • Improved processing of new and complex file types
  • Superior image and production quality, including the latest MS Office file types

In addition, several improvements were made in the latest version of eCapture (2019.6.2) including 1) the ability to auto-publish all documents to review, even those held back due to errors, 2) extracting additional metadata from photographs and PDF files, 3) the ability to convert standard discovery to streaming discovery jobs to take advantage of the speed and more efficient workflow, 4) improved handling of documents with passwords, while driving down installation and upgrade times, making it possible to move to the latest version with minimal interruptions to business and down-time.

Finally, eCapture, the engine of Ipro for enterprise, has a robust roadmap, including work with our partners to continue developing secure public API’s—allowing partners full access to customize their workflows and take advantage of the power of eCapture.

Visit us here to learn more about eCapture by Ipro or Ipro for enterprise

 

About Ipro Tech, LLC

Ipro is a global leader in eDiscovery technology used by legal professionals to streamline discovery of electronic data through presentation at trial. Ipro draws upon decades of innovation to deliver high-performance software, services, and support, bundled as a solution and deployed the way you want it—Desktop, On-prem or Cloud—significantly reducing the cost and complexity of eDiscovery.

Lawyerist Podcast #241 with Derek Miller

Ipro’s next sponsored podcast on The Lawyerist! In this episode, Derek Miller, Ipro’s VP of Desktop Solutions, talks about the importance of having fact management.

Using Ipro for desktop’s fact management tool can:

  • Organize information into workbooks for fast recall
  • Easily identify the most important facts
  • Tell a compelling story through chronologically ordered evidence

Listen now and also learn from Stephanie Everett, as she talks about their new book, The Small Firm Roadmap and why they wrote it. This podcast outlines major points from the book including why law practice is broken and how we can create successful, future-oriented small and solo law firms. 

Learn more and request a demo for our all new Ipro for desktop here.

Why are Managed Services on the Rise in eDiscovery? 4 Scenarios to Shed Some Light on the Matter

eDiscovery managed services

Why are Managed Services on the Rise in eDiscovery? 4 Scenarios to Shed Some Light on the Matter

A few years ago (and maybe still) a lot of people in legaltech spoke of the idea of a single legal team doing everything in-house – end to end – with the help of technology. And this is definitely possible. But only a tiny percentage are able to do this. Because let’s face it – even with the latest technology, eDiscovery is a complicated endeavor, and it would take a very mature legal team, including an eDiscovery-savvy IT department to handle every situation. That’s why managed services are on the rise, with law firms and corporations utilizing them as part of their eDiscovery process.

In a recent article on his blog eDiscovery Strategy, Chuck Kellner laid out a really great overview of some of the reasons why this is happening.

To expand on that, here are some (but certainly not all) situations where eDiscovery services could come into play.

  1. eDiscovery On-Demand

Many law firms (particularly smaller or boutique firms) don’t want to invest in eDiscovery software, infrastructure, or personnel, but it doesn’t mean they aren’t having to deal with Electronically Stored Information (ESI). If the document count stays relatively low, they can usually find a work-around using manual processes (which has its own problems). But when something comes in like an Intellectual Property suit involving a large quantity of documents, manual processes or even legacy technology doesn’t cut it when you have a short turnaround time required to process, review, and produce the ESI needed to deliver a favorable result in the case.

This is where managed services come in. You’re assigned a dedicated case manager who can assist with strategy and planning on how to execute everything including the initial data collection, processing, review, and production. They can reduce your document universe headed to review (which is the largest area of cost in eDiscovery) by leveraging ECA and advanced analytics. They can even help you set up proven review workflows to help your team get the facts as quickly as possible. And after the matter is concluded, the law firm now has a relationship with this case manager, who already understands their firm’s unique needs should another case arise where they need help.

  1. Complex and Specialty Discovery

Just because a firm has eDiscovery processes and technology in place, doesn’t mean they’re prepared to handle every scenario. Custom and complex discovery requests are one example. Let’s say a law firm had a request from an attorney that would only review documents in consolidated PDFs. The attorney provided 4 PSTs, one for each custodian, and in return wanted all emails and their attachments in a single pdf, and all documents within a PST placed in a single pdf portfolio. The final deliverable is essentially 4 giant PDFs. Some may label this an overly complex request and reject it. But a managed services team that specializes in these things can leverage their processing engine to convert PSTs into single files and repackage them into single layered PDFs.

  1. Corporate Legal Teams

As I said before, it takes a mature legal team to deal with complex eDiscovery, particularly when you have large datasets and start moving to the right-side of the EDRM (processing, review, and production). Corporate teams often deal with legal holds, data preservation and collection, but will call in an assist from managed services for help after that.

One thing that is of value to corporate teams when it comes to managed services is having a dedicated eDiscovery Project Manager to assist with building a workflow that is comprehensive and cost-effective. When it comes to processing your collected ESI, most in-house corporate teams don’t have an automated and scalable solution. Today, datasets can become unwieldy and with the ever-growing number of filetypes, things can get tricky. Managed Services can quickly and accurately get things moved into Early Case Assessment (ECA), so that data can be culled and streamlined and only the most relevant documents are sent to review. And then there are production deadlines. Services teams can build production templates ahead of time, image relevant documents proactively as they become available, and do a thorough QC of the production to ensure the job is done right and on time.

Besides all of these things, corporations who may regularly face litigation can reuse ESI processing, review, and production histories. They simply pay a flat fee to host the data and can use it again without having to go through (and pay for) the process should it become relevant in another case.

  1. Predictable Pricing

This aspect of managed services applies to both law firms and corporate legal teams. The cost of eDiscovery, particularly the review stage, can be both expensive and hard to predict. Managed services often are billed based on the amount of data rather than an hourly basis, which provides much more insight into costs at the beginning rather than having to wait until the job is completed. This allows you to process your data, weed out irrelevant ESI, and get a look at the facts of your case before review, while only paying for data processed. If you decide to keep this data hosted for future use or reference, then a flat-fee for hosting applies, which is a much more cost-effective approach than sending your entire collection through review and having to pick your jaw up off the floor when you get the bill.

Conclusion:

There are many other scenarios that may come into play when it comes to applying managed services to eDiscovery, but it’s clear why legal teams use them. Technology alone can make a difference, but having the support, expertise, and experience of a technology partner can allow you to handle cases of any size and complexity without the stress of having to do everything on your own.

 

Find Out How Ipro’s Services Team Can Help You with Your Next eDiscovery Dilemma!

 

Written by Jim Gill
Ipro Content Writer