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Early Case Assessment Overview
The demands of regulations such as the US Federal Rules of Civil Procedure, mandating that all electronically stored information be produced to opposing council within 99 days of being requested, mean that extended timescales for discovery are not an option. Yet, with the time between finishing data review, and delivering to opposing counsel now routinely a matter of hours rather than days or weeks, knowing what is being handed over, and really understanding the content of that information, is no longer possible for companies using legacy discovery tools.
"The primary market driver is one that rarely seems to be discussed openly – the need for attorneys handling lawsuits to determine what happened."
2007 Socha-Gelbmann 5th Annual Electronic Discovery Survey
In contrast, companies deploying next-generation Early Case Assessment (ECA) software long before a case is filed, are able to rapidly retrieve and analyze relevant data to answer the initial question, "Is there a case?".
Being able to develop an informed initial case strategy is of critical importance in a world where eDiscovery costs routinely total millions of dollars before cases even come to trial.
By providing users with a high-level view of the entire corpus, data review can be prioritized based on particular custodians, themes or concepts, enabling legal teams to quickly ascertain, not only whether there is a case to answer and how to answer it, but also, in the light of the enormous potential costs of eDiscovery, whether answering it is cost- effective.
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