Defining e-Discovery
Emergence of technology has led to an ever increasing transmission and retrieval in the number of online messages among all the corporations in the US. People are interacting through several online platforms (e-mail, messenger, and other IT forms) at different timelines. According to American Records Management Association (ARMA), more than 90% of records created today are electronic. However, more 70% of electronic information is never printed. Further, amendments in the US Federal Rules of Civil Procedure has made it mandatory for corporation involved in legal trails to produce electronic details within reasonable period of timeframe. This means US Companies not only have to comply with increased litigation complexities, but are also pressed for time.
Process of e-discovery
The increasing digitization and judicial amendments have led to emergence of e-discovery (Electronic Discovery). E-discovery is a method of identifying, searching, and storing required electronic data for purposes of producing it as evidence in the court. The course of e-discovery is quite complex and entails following processes:
- Identification- Reviewing relevant information
- Preservation- Protecting relevant information against any possible loss
- Collection- Collecting data from e-mail, messengers, and other online forms
- Processing- Identifying most relevant content
- Review- Evaluating information and determining data relevant to client attorney privilege
- Analysis- Summarizing data and determining key issues
- Production- Delivering information to the client
- Presentation- Putting information in required formats
Challenges involving e-Discovery
US Companies are suffering from a number of challenges emerging from e-discovery process. However, amongst all the challenges, managing rising cost remains the core focus for the Companies. The challenge becomes more arduous as almost every company faces a multiple number of lawsuits in a year. This means that e-discovery is an on-going phenomenon and requires installation of appropriate processes for proper management. However, experience tells that managing e-discovery in-house can be a difficult proposition for the US Companies. The single process of reviewing legal documents can cost companies up to US $ 2,000 gigabyte of content. Further, cost of reviewing 75 million documents can amount up to US $ 12 million over a period of time for a firm. Apart from substantial cost involvement, a number of companies in the US lack strategy and in-house expertise to deal with the process. This has led them to look beyond the shores to tackle the issue.
Legal Process Outsourcing and India
The new branch of outsourcing industry,
LPO has emerged as a strategic option for a number of US Companies. By outsourcing legal processes to India, these companies can reduce their operational costs by as much as 80 to 90%. Further, there are a number of other benefits can be realized from outsourcing:
- Offsetting high operational costs
- Increased efficiency emerging from 12 hour time differences
- Availability of huge talent pool
- Enhancing flexibility through onshore and offshore capabilities
- Quicker and readily available resources at offshore locations
Increased litigations, digitization, and legal amendments have made e-discovery an omnipresent process that is must for the US Companies. However, maintaining e-discovery in-house can be a really costly affair for the US Companies. Indian LPOs provide an ideal solution to increased operational cost and lack of in-house expertise to maintain e-discovery process.
We at Seshaasai offer comprehensive services to our clients in the area of Contract Management Services. Our team of experts not only ensures that you reach your objective, but also helps you take the most convenient path to offshoring of your activities. We provide you with customized support resulting in higher cost efficiencies and quality output.