Fortune 1000 Counsel Provide Benchmarks and Metrics for Measuring E-Discovery Success in New FTI Consulting Study
Annual Advice From Counsel Study Examines Legal Departments' Most Pressing Obstacles Around Data Security, Budgeting, Federal Rules and More
"The Advice from Counsel study has grown into a strong tradition of thought leadership and insight from some of the most sophisticated legal departments in the world," said
For the first time, the Advice from Counsel study is now an interactive survey that allows readers to answer many of the same questions posed to study participants and compare responses. Readers can walk through a 10-question survey and upon completion, are provided with a copy of the study summarizing key answers they can use to benchmark their individual programs. The interactive study can be accessed here.
Highlights from this year's Advice from Counsel study include:
A growing trend among leading e-discovery teams to use analytical tools earlier in the e-discovery process to reduce their overall spending (an amount that ranged from
$1 million-$5 millionannually for 43 percent of respondents).
While 77 percent of respondents have security requirements for service providers, and 52 percent have them for their law firms, a number of respondents indicated growing concerns over the regular exchange of proprietary and sensitive materials between their firm and opposing counsel, especially on matters involving smaller firms with little or no security staff or safeguards. For matters that do not have "law firm parity," one lawyer respondent prevailed in the requirement that the parties use central repository controlled by a service provider for law firms to access produced documents securely.
As information governance grows in importance and cybersecurity breaches rise, many companies identified the need to update existing data retention policies or create new ones. In today's landscape, 41 percent of respondents said they retain emails for more than three years, and another 10 percent indicated they do not know how long the company retains documents, or if a policy even exists, further highlighting counsel's opportunity to influence these processes and mitigate risk.
- The vast majority of respondents – 87 percent – responded that they are following potential changes to the FRCP with most optimistic that impending changes will more clearly define preservation obligations.
"The Advice from Counsel study has become a go-to resource for in-house legal departments looking to shape and grow their e-discovery programs amid the ever-changing legal and IT landscape," said
Advice from Counsel: Measuring Your E-discovery Program Against Industry, 2015 can be downloaded here.
About the Study
For the past seven years, FTI Technology has partnered with
About Advice from Counsel
Through in-person events, virtual meetings, webcasts, surveys and reports, Advice from Counsel helps e-discovery leaders share ideas and advice with peers in an open and collaborative forum. Begun in 2008 as an annual survey and report on top e-discovery trends, Advice from Counsel has evolved into an interactive community of e-discovery professionals working to strengthen the people, process and technology at the core of e-discovery. For more on Advice from Counsel, as well as information on how to join, please visit www.ftitechnology.com.