Parties could work together during disclosure

Category: Electronic Disclosure

17 September, 2012

Given the increasing volumes of data held by most organisations, the cost of electronic disclosure is becoming one of the biggest court costs to business.

The creation of Intelligent Review Technology (IRT) seems like a silver bullet for these problems, allowing organisations to conclude document reviews much earlier in the disclosure process, often without even physically seeing some of the files.

However, organisations need to consider that IRT is likely to be useful only when the sheer mass of data would otherwise make full disclosure impossible.

This does not always depend on the number of documents to review and should be approached on a case by case basis as, for some firms, searching a much smaller amount of data would be cost-prohibitive.

Both parties must reach an agreement on when to use IRT, and settle on a realistic success criteria, which must be regularly checked and monitored.

Plaintiffs and defendants can create the search methods jointly, which could reduce the number of disputes over disclosure.

However, widespread use for this new technology is a long way off.

Electronic Disclosure– Kroll Ontrack has the technological strength, expertise, and commitment to ensure your success in managing small e-disclosure projects as well as large volumes of electronic evidence legally, accurately and cost-effectively.

Related news