Electronic management of your litigation

Nov 29, 2021

Electronic document management (eDiscovery) is an essential component in the project management of modern litigation.

With an investment in project management and eDiscovery at an early stage of your matter, your legal team can:

  • achieve a more comprehensive understanding of relevant facts early
  • get you in a better position sooner
  • gain significant efficiencies
  • more accurately predict costs upfront.

Enhanced Litigation Management Solutions (ELMS) is an award-winning boutique eDiscovery consultancy. We have a deep knowledge of legal processes, procedures and discovery issues, and develop smart strategies to increase efficiencies and cut the costs associated with document review and litigation management.

What is eDiscovery and why is it important?

eDiscovery is the process of identifying, collecting, and organising digital information in response to investigations, claims and litigation.

It is a highly complex process not only because of the sheer volume of data produced and stored by organisations, but also because of the large variety of sources which can include emails, audio files, presentations, instant messaging chats, SMS messages, videos, databases, voicemails, social media, websites and more.

Electronic data contains metadata such as timestamps, file properties, and information on the author and recipient. If collected and shared in the wrong way, metadata can be altered with the result of potentially compromising your case.

 

What are the benefits?

Early assessment of your case

Your legal team can more readily review the information, assess your case, and prepare to get you into the best position.

Because ELMS collects the data at the outset without altering the metadata, collates it into a searchable database, and removes all duplicate files, lawyers are presented with bundled sets of data to review that is logically categorised, concise, complete, and clean.

 

Saving time

There will not be any back and forth between you and your lawyers to identify and collect data, and time spent reviewing irrelevant documents is eliminated.

ELMS uses the best technology on the market with sophisticated artificial intelligence capabilities to make the process of identifying, collecting, and organising the information, efficient and seamless.

 

Risk reduction

In addition to ensuring the metadata is retained, you can be assured that your data is secure.

The technology that ELMS uses (Nuix Discover) provides the most comprehensive security and compliance controls in the market. It is certified by the Information Security Registered Assessors Program (IRAP) and sits in a secure cloud environment through Amazon Web Services.

 

Cost savings

Traditionally, discovery has been a highly labour-intensive process with legal teams manually coding and reviewing the data. Several lawyers and paralegals would often be required to sift through and review documents at an hourly rate.

By using ELMS at the start of your matter, we can more efficiently collect the right data, and reduce the review time by your lawyers. For example, our software deduplicates all emails that are processed into it. This drastically reduces the time the legal team spends reviewing documents. Although subject to an initial investment, the efficiencies created in the electronic management deliver meaningful overall cost savings.

 

Searchability

Outlook does have the functionality of being able to search across the attachments of emails. However, there is no way to know if those attachments will be text searchable. Nuix Discover will identify all non-searchable documents for you and also has an in-built OCR tool, so you can ensure that every single document in your data set is searchable.

Further, Nuix Discover will allow you to run more advanced searches across the documents – for example, within seconds I could search for all emails from an individual, within a date range, containing certain keywords. There is also the benefit of tagging the search results to an organised structure in the database, allowing the legal team to quickly access the documents in whatever way they need to assist their review.

Lastly, using the advanced searching in Nuix Discover we can further reduce the volume of documents that need to be reviewed. For example, we can easily search for all meeting requests and acceptances, marketing emails, personal emails etc and put these aside so the legal team doesn’t have to waste any time reviewing documents that are not going to be relevant for the case.

 

Ease of Production and Disclosure

When it comes to producing the documents in a format that the court would require, Nuix Discover is equipped to do this in just a few clicks. Once the legal team has flagged all of the ‘Relevant’ documents, ELMS can automate the process of exporting those documents from the database and preparing a list of documents so the legal team doesn’t have to worry about it.

 

Conclusion

Traditionally, lawyers would take on the labour-intensive process of manually sifting through and reviewing an entire document set at an hourly rate. In using ELMS, you can significantly reduce the legal spend by processing the documents correctly, reducing the volume of documents that the legal team needs to review, putting only the relevant documents in front of the legal team, and automating any processes required by the court such as producing a list of documents or eTrial bundle which will result in overall cost savings.