E-Discovery, what is it ?

First off, which is it? e-discovery or ediscovery ? I've heard both being used.

A: Both are correct! From a linguistic perspective e-discovery is more correct , but you will find both versions of the word in common usage. The ‘e’ in ediscovery stands for ‘electronic’. Personally, I prefer to use ‘ediscovery’ because it helps with indexer, search engines and social media, since no stemming is required.

Q: What is ediscovery?

A: Ediscovery (i.e. electronic discovery) is the process of collecting, sharing, and searching electronically stored information (ESI)?—?e.g. Microsoft Word files, PDFs, audio files, etc.

A standard legal requirement is for opposing lawyers to share the information they have collected with each other. In yesteryear, this involved cardboard boxes full of paper files for a case?—?a process called ‘discovery’; today, since most of the data is available electronically, with ediscovery, lawyers can share computer files via the internet using special ediscovery software. Although, some lawyers still share paper documents. It is becoming more efficient and cost effective to eliminate paper and share everything electronically.

Which is better, paper based discovery or ediscovery?

Ediscovery is better than ‘regular’ paper discovery in significant ways:

• It’s much faster and therefore more efficient. Instead of sifting through thousands of files manually, computers will find you your keywords in seconds. And you can search through all kinds of files?—?emails, photos, scanned images, PDFs, and more. Duplicates are eliminated saving more time.
• It saves space. Instead of boxes (and often, rooms) of files, everything sits on a computer server. An entire server, which can store the equivalent of 1000s of boxes of files, only occupies the space of a very small box.
• It’s more convenient. With cloud-computing, you can now access your files from anywhere in the world. This allows you to travel and still work on your case.
• You have access to metadata. Computer files and documents have metadata: I.e. information about the files themselves?—?like when they were created, who created them, etc. This data comes in handy, for example when you have a recorded interview and want to know when the recording was made.
• It’s much better for the environment. What happens to the paper files after the case is done? The energy footprint of ediscovery is a lot smaller. To take it a step further, most cloud computing centers, where a lot of electronic storage is done these days, run on renewable energy.

Sound cool, but what are the problems with ediscovery?

Lawyers and paralegals usually have 2 problems with ediscovery:

• “It’s too complicated.” It is newer technology, which is generally not taught in law schools. But with the right software, ediscovery is as easy as dragging-and-dropping from one folder to another; and searching through them is as simple as using Google.
• “It’s too insecure.” Again, with quality software, your data is safer than they would be under lock and key in your office. Paper files can be destroyed by moisture, fire, and insects. Backing up paper files is a herculean task. They also risk being easily stolen as only physical barriers can protect the files. With electronic files, the files are rarely even on premise, constantly backed up in multiple locations and access is only granted through passwords and sophisticated digital security.

I want to learn more about ediscovery?

To Learn more about fast, convenient and secure e-discovery.

• Read the GoldFynch FAQ. It is a short read and should cover most of the ediscovery basics

To learn more about searching for keywords with e-discovery software.

• Sign up for GoldFynch, creating a case and start searching. The best way to learn is to try it out yourself. Remember accounts are free on GoldFynch.com and you can create a case for free to play around.
• Watch the short 1 minute videos on using GoldFynch on YouTube.