How Communication Technology Affects eDiscovery Data Collection

Now more than ever, understanding how communication technology affects eDdiscovery has become paramount for legal ops professionals because traditional methods of communication, such as phone calls and in-person meetings, have largely been replaced by digital platforms like Slack, Zoom, and Google Docs, leading to a shift in how data is collected for legal proceedings.

Recent statistics highlighted in an article by CS Disco underscore this shift, revealing a preference for real-time business chat apps over email among end users, and a decline in analog voice use. Major companies, including Fortune 100 firms like Airbnb and Time, increasingly rely on platforms like Slack for inter-team communication.

As communication methods evolve, so too must legal ops professionals understand how communication technology affects eDiscovery. Key considerations now include custodianship in collaborative environments, determining what data to collect, and managing metadata effectively. Custodianship questions arise when documents are shared across multiple users and platforms, requiring careful consideration of ownership and relevance.

Real-time communication channels like Slack present unique challenges in data collection, requiring a nuanced approach to filter out irrelevant content while ensuring compliance with legal obligations. Similarly, collecting metadata from collaborative platforms like Google Drive is essential for prioritizing documents for review and production.

The proliferation of document versions in collaborative systems adds complexity to the eDiscovery process, requiring strategies to manage and prioritize multiple versions effectively. Cloud attachments further complicate matters, as platforms like Google Drive and OneDrive pose challenges in collecting and organizing data.

In response to these challenges, Legal Ops professionals must adapt their strategies to accommodate the realities of modern communication, including leveraging advanced technology to streamline data collection, prioritization, and review processes. At the same time, they need to make sure to comply with legal requirements and minimize costs associated with processing and hosting vast amounts of data.