When COVID-19 hit the U.S. last March, a large proportion of legal proceedings were put on hold by courts and corporate legal departments as they struggled with safety and financial issues. Six months later some courts are testing out their first remote trials as legal proceedings slowly restart. The economic impact has put corporate legal departments under more pressure than ever to cut the cost of discovery. Bringing more of their eDiscovery in-house can reduce the cost and risk associated with the traditional ad-hoc reactive discovery workflow with the right technology.
Corporate legal departments have traditionally ‘managed’ the litigation and discovery being performed by their retained counsel and providers. Although some serial litigant global corporations built out in-house litigation support teams, it has always been challenging to ‘right-size’ those groups to meet the burst capacity of large matters without wasting productivity during your steady-state discovery demand. Until relatively recently, enterprise-scale legal technology was built for service providers rather than corporate enterprise workflows. The good news is that corporate data sources are much more accessible now that legal hold and collection features are built into your Office 365 and archived content. So how much of the eDiscovery lifecycle should you take ownership of?
Microsoft’s savings on attorney scoping and review time are many times their processing and hosting savings. Despite the availability and efficiencies of Technology-Assisted Review and clustering analytics, too many retained counsel will insist on some kind of the first-pass review of most data exported for them. In-house teams typically understand their own data better than a first or second-year associate. The ownership and expertise in developing and running in-house searches are the key to Microsoft’s 96% culling rate.
Most corporate legal departments function with a fraction of Microsoft’s 1,500 staff headcount. Despite recent growth, 95% of corporate users are on the F1 or E3 license instead of the E5 license required for Advanced eDiscovery processing and analytics used by Microsoft’s legal department. So what tools can enable a typical small corporate legal team to take ownership of their eDiscovery and control the volume and cost?
To achieve or exceed Microsoft’s eDiscovery savings you must take ownership of scoping and processing raw corporate data. To accomplish this without Microsoft’s large legal team requires investment in efficient, automated technology solutions that reach beyond Microsoft 365 repositories. The Veritas eDiscovery Platform provides typical legal teams with a tool they need to take control of their eDiscovery and legal cost.
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