Technology companies are beginning to realize the value proposition of lowering the costs around discovery. What seems to get lost in translation is the reality? I am not sure how many lawyers really have rolled up their proverbial sleeves and tried to deploy an archiving solution.
Those ho have or those who have dealt with the reality that the policies on record do not synchronize with technology or halt the operation of business realize that technology companies have a long way to go down the path. Of course, the use of such technology is certainly better than doing nothing. It is sort of picking between lesser than two evils. We all realize that when a company appears before a judge the “we have policies but no documents” is likely to not be a fantastic and/or winning legal argument. Of course, it seems that having all the documents is certainly leaving many document review lawyers salivating for the next big transaction.
While these technologies can be effective with varying degrees of success in solving these issues, it really comes down to synchronization. Personally, as someone who has deployed technically a substantial number of the solutions highlighted, it was not easy or pretty. The end result for the client is substantial savings, but it is a result of synchronizing policies with the technologies that end up being deployed. We can all agree that paying third-party vendors to identify, collect, and preserve data that resides on your companies systems, which depending on the matter is more than your entire teams salary for the year, does not represent justice or fairness or equity.
The reality, however, does indicate that companies are realizing this is the case and are embarking on addressing this cost, and of course giving bonus to the internal IT team in the process. The journey is filled with a windy and tricky road filled with people asserting they have subject matter expertise and selling all sorts of things that certainly send companies down the wrong path. I am certain that over the next several years the marketplace is going to evolve and the journey will certainly be quicker and more efficient.