eDiscovery: the issues facing law firms and solicitors

by Alan Batey

Information Security Consultant and Forensic Investigator

In today’s world, evidence in legal cases is sourced from the vast quantities of Electronically Stored Information (ESI) that exists across a range of platforms and devices. Acting on behalf of clients, large law firms may have access to eDiscovery platforms to sift, sort, redact and reduce the amount of data that is made available, keeping only those files with relevance to the case in a legally recognised format which preserves the integrity of the data and stands the ultimate test of court acceptance. Smaller firms may not have operated an eDiscovery platform, considering it too expensive or shying away from the complex technology. This is not altogether surprising.

ESI comes from a number of sources; from emails, texts, voicemails messages, word-processed documents and databases, including documents stored on portable devices such as memory sticks and mobile phones. In totality it includes an unfeasibly large and complex volume of files. SRM was recently involved in an eDiscovery case where the original ESI involved 1.2TB of data which, in this particular instance, was reduced to 160GB. Although hundreds of gigabytes is more usual, this is still more data than can effectively be processed in a legally acceptable manner without the use of sophisticated management and tools.

Yet many who engage with eDiscovery Platforms find the process is unsatisfactory. They may require assistance with the forensic discovery of electronic documents or need more support in managing the information security risks surrounding the placing of confidential information on a Cloud or server based platform. They may feel their technology partner is unsupportive or that the cost of the exercise lacks transparency. Ultimately, some are worried about the security issues of releasing sensitive information to a third party.

eDiscovery  projects require extremely high levels of skill, technical expertise and diligence. At SRM we work in conjunction with the legal team to advise and execute the eDiscovery requirement for their client. We define each stage and advise on the ongoing process and progress giving a full breakdown of costs for each stage. Our service is at the cutting edge of eDiscovery technology, saving the clients time and money while achieving best results. We also work effectively and strategically to ensure that disruption to the client’s business is minimal.

When such large volumes of data are made available to a third party, trust is crucial. Our eDiscovery  team includes individuals who have worked with the police, MOD and FTSE100 companies. We are the leading PCI Forensic Investigation company in the UK and cyber security supplier to HM Government.

SRM provides a range of highly professional cost-effective solutions, suitable for all sizes of law firms. From the provision of a low cost ‘E-Discovery Lite’ package to the involvement of Expert Witness Forensic Consultants or the use of a Virtual Chief Information Security Officer VCISOtm.

 

http://blog.srm-solutions.com/ediscovery-and-edisclosure-why-what-how-and-who/

https://www.srm-solutions.com/services/ediscovery-edisclosure/

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