In its regular blog, global market leader, Relativity writes an excellent piece - - on the top global trends in eDiscovery in 2023 and I recommend my SA contacts involved in this space to read it.
In summary, the top 4 trends are:-
1. eDiscovery continues to incorporate AI into more parts of the process.
2. Workflow automation consistently improves human practice
3. ECA is truly transforming to EDA
4. Cloud based technologies continue to accelerate and prove their value
How can these global trends work in SA and help our lawyers and their corporate clients? It needs total “buy-in” from lawyers who want to be far sighted and not perform the “ostrich dance”. It needs corporates to understand how they can markedly reduce risk, time and cost. It needs our Rules Board and government to finally get moving and incorporate eDiscovery into the Uniform Rules.
I am not going to repeat all that is expertly written in the article but will make a point in respect of each of the trends mentioned for SA.
1. AI is such an integral part of how to deal with data effectively and defensively in eDiscovery that it cannot be ignored and must be embraced here. Forget about chasing the billable hour and reviewing more than you need – the client will not tolerate it and mistakes will be made. The best eDiscovery solutions have AI that changes how to filter, find, and analyse data in your case.
2. Workflows within a solution have assumed greater relevance and importance. Don’t just dive in and start reviewing in a haphazard fashion. Strategise, plan, use the workflows that are tried and tested globally.
3. For years and years many of us involved in eDiscovery have said that ECA (Early Case Assessment) should really be EDA (Early Data Assessment). Now it is even more important with ever increasing volumes and greater data complexity. My mantra has always been “Know your data know your case”.
4. Cloud technology is ever more important, saving money but perhaps even more so by enhancing security and thereby reducing risk. It is just not sensible or feasible to invest in hardware to store and manage data – just look at the rise in cyber attacks across the world including here in SA. This one cost a large law firm in SA R5.5m . Remember we now have RelativityOne hosted in the cloud right here in SA.
Now, more than ever you need people who are experts, have international experience and you need them in your cases as early as possible. You know where we are and how to find us – Harrisons eDiscovery Consulting (Pty) Ltd