John Roman Jr., director of
litigation technology services at Nixon Peabody, presents a persuasive
argument about why companies should use outside service providers to
create and maintain an IT inventory in order to be prepared for litigation
and electronic data discovery requests. “An Inventory to Meet Your
EDD Needs,” Law Technology News, Feb. 24, 2009 http://www.law.com/jsp/legaltechnology/PubArticleFriendlyLT.jsp?id=1202428521122.
Most people agree, he says,
that being ready for litigation before it occurs can reduce discovery
costs down the road. Many companies, however, are overwhelmed with the
process. “If your company doesn’t have a great handle on its IT
capabilities, commitments made to opposing counsel during the Rule 26(f)
conference can get your company into big trouble – including potential
sanctions,” Roman cautions.
But, he writes, most companies
don’t have the staff to conduct the inventory or the competence to
ensure it is accurate and complete. The process also involves an investment
in software, tools and training. For many firms, outsourcing is the
best option because the service provider will have the experience, resources,
staff and other tools necessary to make the project a success.
Roman also provides tips for
working efficiently with the outside provider, which include designating
a specific person or committee to work closely with the outside consultant;
providing on-site space for a consultant liaison; sharing all necessary
data with the consulting firm; ensuring the consultant access to relevant
individuals; and enforcing timely review of key documents.
The article includes a content
list for the inventory.
It’s always helpful when
legal IT professionals reinforce the arguments we are making about the
importance and usefulness of outsourcing electronic discovery. Helping
our clients remain prepared for litigation is a service we offer, and
we believe we can do it better, faster and more efficiently and less
costly than anyone else. As Roman advocates, eDiscovery is too critical
to leave unattended or place in the hands of people who aren’t knowledgeable
about potential disasters.