But too many choices can be overwhelming. In a sea of options, how do you find what you're really looking for? And how do you know that what you choose is the best option?
This dilemma is currently being played out in the e-discovery space. Over the last couple years, the e-discovery market has seen a boom in software offerings. Never before have legal and IT professionals had so many options when it comes to e-discovery technology. Although this empowers e-discovery professionals with more choices, it also makes the procurement process more difficult.
As in-house counsel and IT personnel shop around for the right solution for their company, they should keep in mind a list of criteria. Some of this criteria are universal, applying to virtually all companies regardless of industry or size. Other criteria are unique. After all, the needs of companies at the top echelons of the Fortune 1000 are not the same as those at the bottom.
So what criteria should you use when selecting an e-discovery solution?
One of the most basic criterion you should consider is the vendor's pedigree. This is a universal consideration, one that all companies should investigate prior to making a software purchase decision.
There are several reasons why vendor pedigree is important. First, there are extreme consequences for failing to conduct e-discovery in a reliable and defensible manner. You need to partner with an organization that has a proven track record of assisting in the execution of a defensible e-discovery process.
Additionally, a company's e-discovery needs will likely change over time. Changes to the industry, growth within the company and increases in litigation may all necessitate tweaks to e-discovery software. A vendor that can adapt to these changes is critical.
Also, switching e-discovery vendors can present an enormous cost. Yet, if your software provider bows out of the market, you will be left with little choice but to browse for a new solution. That is why a financially sound, veteran vendor is ideal.
When shopping for an e-discovery solution, you should take the following steps to assess the vendor's pedigree:
- Obtain statistics on the vendor that address its financial health and longevity. Important figures include information related to its finances, number of clients and years in business. Additionally, your vendor should have extensive experience in e-discovery.
- Search for independent industry endorsements that ensure you're dealing with a "trusted vendor." Important resources include awards, certifications, judicial court references and customer references.
- Make sure the vendor possesses a wide range of service offerings. This will ensure it can meet your changing needs. Things like training, certifications, pre- and post-deployment services, and casework and staff augmentation services are traits of an adaptable vendor.
- Ensure the vendor has an internal team of e-discovery experts, not just one or one that does this part-time as part of their corporate legal duties. The e-discovery space is far from static. Court opinions continue to alter the rules of the game. A vendor with internal experts can address these changes with new, more robust service offerings and features.
- Understand the vendor's support model, including technical expertise, staff accessibility, hours of operation and escalation process.
Read more about how to choose the right in-house e-discovery solution.
Subscribe to and download Real eDiscovery Magazine.
Learn about EnCase® eDiscovery.
Russ Gould is director of product marketing at Guidance Software.
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