Why eDiscovery Needs Strong Information Governance Programs

Traditionally, eDiscovery efforts begin after a case is filed, involving the identification, preservation, and collection of electronically stored information (ESI). With the exponential growth of data, legal professionals must start eDiscovery preparations well before a case is initiated. EDiscovery needs strong information governance programs, as detailed in an article from Trustpoint.One.

Effective information governance (IG) programs are critical in managing these vast amounts of data. They provide risk mitigation, value generation, strategic information management, and enhanced information security. IG programs ensure that important data is efficiently managed and easily accessible, reducing security risks and ensuring compliance with legal requirements.

Essential to an IG program are IG best practices, index-in-place technology, and human oversight. To implement a successful IG program, organizations must focus on three important components:

• Stakeholder involvement and buy-in: Engaging key stakeholders such as records information management (RIM), legal, risk, privacy, security, IT, and other business units is crucial.
• Policies and procedures: Establishing clear policies and procedures for data management ensures data security, integrity, quality, and compliance.
• Data mapping: Understanding the types, locations, and accessibility of data is vital for effective data management and compliance.

By adopting IG practices, organizations can seamlessly transition to eDiscovery so the groundwork is laid well before any litigation is anticipated. Data discovery, an IG by-product, facilitates early identification and access to relevant data, making the e-discovery process more efficient. Setting up an IG program ensures that legal teams are prepared and not overwhelmed when cases arise.

IG is also integral to the maturity of Legal Ops, supporting various functional areas such as knowledge management, financial management, and business intelligence. The Corporate Legal Operations Consortium (CLOC) Core 12 model highlights IG as essential for achieving operational maturity in legal departments.