We know that over the past several years the challenges that in-house counsel face have become increasingly onerous with respect to litigation discovery and the issues around identification, preservation and the capture of relevant materials. However, the dynamic has been shifting as organizations and in-house counsel become more fluent in understanding those issues.
Over the next three installments we will look at why it is more important than ever for in-house counsel to focus proactively on setting up parameters for active management and control of discovery. The need for this focus is acute because of increasing volumes of electronically stored information (ESI), the resulting increased risk and cost to preserve and collect, and the increasing time and cost to review. These risks and costs are exacerbated when an organization is dealing with multiple litigation matters and has not yet developed a process and methodology to manage and control discovery. Without a controlled approach, risk and cost are magnified as outside counsel employ disparate processes, resulting in loss of information sharing, as well as an obvious opportunity for eruption of costs.
3. Define the service provider landscape that the organization uses and that outside counsel may use.
Why: Organizations should capitalize on their purchase power and contract with preferred providers for all discovery-related tasks. (We will be covering this topic in greater depth in the next installment.)