The ultimate solution to the ediscovery quandary is more than just knowing the rules, avoiding e-jargon and understanding the technology.
Law firms today possess technology tools that have been proven to save time and money while simultaneously improving quality within the discovery process. Two-thirds of the states have enacted rules that impose a lawyer’s ethical duty to understand technology. And case after case shows judicial endorsement of both of these concepts.
Why is it, then, that surveys continue to show that many lawyers have yet to embrace these new technologies and approaches? A survey by legal commentator Ari Kaplan revealed that many lawyers are still not sufficiently up to date with legal tech to make informed decisions about where to focus their firm’s resources and staff’s attention.
Several years ago, the results of the ILTA Law Department Survey reported a degree of technology usage that Ron Friedmann, in reporting on the survey, described as both “shocking” and “frightening”. The survey released in Dec. of 2017 still showed problems, with 50% of the respondents using Windows 7 on their desktops and only 40% using a cloud-based email system.
Have these technological delays impacted law firms relationships with clients? The 2018 Zapproved Corporate eDiscovery Benchmarking Report found that “… corporate legal departments prioritize streamlining and modernizing operations as a top priority…”. And are outside counsel meeting this standard? Not according to the EDRM/Exterro 2018 In-House Legal Benchmarking Report which found that almost 70% of legal teams conducted the majority of their litigation services in-house compared to 50% the year before. [read more]