“In litigation, it is a legal requirement for all parties to exchange all relevant documents in the case. For most organisations caught up in those circumstances, eDiscovery is likely to be arduous, difficult and expensive. If an organisation has seriously invested in good information management practices it will be far better prepared. Investment in systems like Clearwell can complement that. But it is still neither simple nor easy. Remember that after the eDiscovery electronic process there is the really expensive reviewing time by lawyers.”
“From a security point of view, clearly encryption is good practice on your network, for emails and sensitive documents and so on. But over time, people leave, passwords are forgotten and keys get lost. That can cause real problems if you receive an eDiscovery order,” Jacky Fox, Deloitte
In litigation, he points out, the parties will not actually agree the key words but they will in practice exchange their criteria and search terms so they cannot later be accused of not cooperating in good faith and according to best practice. Analysis of voice recording is still new in Ireland and not yet used very much. The technology is smart and getting smarter. One approach is purely phonetic indexing and search. The software recognises certain sounds, such as a personal or company name, or and takes you to the relevant points on a recording.
The alternative methodology is a form of automatic transcription, which has a variable degree of success for obvious reasons – the almost limitless variations of human speech, languages, accents and slang. The practical point, Murphy explains, is that either approach, however effective in the particular situation, leaves a lot of manual review work to be done.
Colm Murphy emphasised that whether it comes from civil litigation, internal or criminal investigation or whatever, expert consultants like Espion and the technologies that can be used are not the prime investigators. “The investigators understand the domains, the issues, what could be relevant or what could prove something. Our job is to facilitate all of that, with experience and expertise and ever-smarter technology.”
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