Is there a gaping hole in the EDRM?


Firstly, with all due respect to Mr George Socha, I am not about to poke a stick at the validity of the much hallowed ERDM. The eDiscovery business continues to be well guided by it, but…. are we missing something?

Three years ago when I entered the world of eDiscovery, which by the way was at LegalTech 2009, a term Early Case Assessment (ECA) was all the rage. As someone who had come from the world of Information Security this made a lot of sense to me. I asked a lot of questions and while ECA meant many things to different people, for the most part it was a process for ‘getting one’s ducks in a row’   (getting organized) before the humdrum of following Mr Socha’s ERDM took place.

Very soon ECA was part of every vendor’s offering. In fact vendors re-invented themselves around ECA with many variations such as “we will pre-review your data using the assigned keywords and only charge you for the culled data”. But is something wrong here?

ECA seems to have become a cost assessment or financial calculator – ie “using these keywords we will cull down 300gig to 50gig in a linear fashion so that we achieve a manageable dataset to review”. It sounds terribly mathematical to me and somewhat contrived.

My observation is that the “intelligence” of ECA has been lost. A critical component of ECA should be to help attorney’s quickly assess the case, but I mean strategically assess it, not tactically. Understand if this is a case that could seriously expose the company. Get under the hood and understand whether you need a new engine or an oil change…. before you start negotiating how much it will cost to fix!

At Catelas we use the term “Early Case Intelligence” which does just that, we get under the hood. Maybe it will catch on, but we hope it fills a gap at the start of a case that answers the strategic questions (defend or settle) rather than simply the tactical one’s.

Let me know what you think.

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