Friday, March 13, 2009

eDiscovery is not a static thing

Thought you'd all like to see my latest offering at which takes the 100,000 foot view of how eDiscovery is changing in Canada (and will continue to change).

I think one of the most serious mistakes that can be made in eDiscovery is to assume that once you have wrapped your head around eDiscovery 101/Summation/LAW/managing email/electronic trials/etc. that the job of getting to grips with eDiscovery is done. Unfortunately that's not the case. Technology is ever-changing and the challenge of being in this field is staying on top of broad technological advances and their impact on eDiscovery.

For example: some companies are now embracing Web 2.0 technology (what's that?). How does one capture wiki content? Or blogs? What about your key custodian's Facebook page? Are any of these important in your litigation?

Yes, complexity is here to stay in eDiscovery. Unfortunately there are many in the legal field who believe that all they need to do is get to grips with the concepts of metadata and PSTs and that's all they need to know. Not so. Although it may not be necessary for every person on the legal team to understand all things technical, a general awareness of the technological trends and their impact, and willingness to listen to their experts on how it affects their case, are essential.