Page 101 - 2019 - Leaders in Legal Business (q)
P. 101
E-Discovery Consultants
and Companies
Carolyn Southerland1
Consultant; Former Managing
Director, Morae Legal
More than 90 percent of today’s records are created in electronic format.2 The continuing
evolution of legal and regulatory requirements place a great responsibility — as well as a great
burden — on organizations to preserve, collect, and produce this information. Complying with
these laws and regulations is challenging in light
of the avalanche of electronic evidence,
particularly as it is created in ever more diverse
forms, whether in the cloud, on mobile devices,
or in social media.
E-discovery is more than a litigation
phenomenon; it has implications for activities
well beyond the scope of the courtroom such as
records retention, risk management, and the
archiving of information. When these processes
are poorly managed, it leads to serious
ramifications for corporations such as sanctions
for the loss of information.
Although most attorneys did not study metadata and cloud computing in law school, they
are nonetheless responsible for guiding clients through the maze of issues that e-discovery raises,
including navigating the phases of discovery and choosing the right service providers, service
models, and tools.
Managing the Life Cycle of an E-Discovery Matter
Counsel must have a complete understanding of the life cycle of an e-discovery matter.
According to the Electronic Discovery Reference Model (EDRM), a framework for the discovery
of electronically stored information (ESI), the life cycle consists of nine stages: information
management, identification, preservation, collection, processing, review, analysis, production, and
presentation.3 If an organization has litigation on a regular basis, ideally it should have processes
in place for handling each of these phases.
1 Carolyn Southerland has more than 20 years of experience as a commercial litigator in one of Houston’s largest law firms. She handled complex
matters involving contract disputes, patent infringement, professional malpractice, and energy-related matters. She also has extensive experience
in representing clients in matters before a variety of regulatory agencies. In 2007, she left the practice of law to enter the world of consulting on
electronic discovery issues with Huron Legal, where she served as a managing director until 2015. She also served as managing director at Morae
Legal. She is a graduate of the University of Texas and the University of Houston Law Center. She is a frequent speaker and author on various
issues involving electronic discovery.
2 The Sedona Conference, The Sedona Principles Addressing Electronic Document Production, Second Edition (June 2007),
https://thesedonaconference.org/download-pub/81.
3 EDRM, Electronic Discovery Reference Model Stages, http://www.edrm.net/resources/edrm-stages-explained.
86
and Companies
Carolyn Southerland1
Consultant; Former Managing
Director, Morae Legal
More than 90 percent of today’s records are created in electronic format.2 The continuing
evolution of legal and regulatory requirements place a great responsibility — as well as a great
burden — on organizations to preserve, collect, and produce this information. Complying with
these laws and regulations is challenging in light
of the avalanche of electronic evidence,
particularly as it is created in ever more diverse
forms, whether in the cloud, on mobile devices,
or in social media.
E-discovery is more than a litigation
phenomenon; it has implications for activities
well beyond the scope of the courtroom such as
records retention, risk management, and the
archiving of information. When these processes
are poorly managed, it leads to serious
ramifications for corporations such as sanctions
for the loss of information.
Although most attorneys did not study metadata and cloud computing in law school, they
are nonetheless responsible for guiding clients through the maze of issues that e-discovery raises,
including navigating the phases of discovery and choosing the right service providers, service
models, and tools.
Managing the Life Cycle of an E-Discovery Matter
Counsel must have a complete understanding of the life cycle of an e-discovery matter.
According to the Electronic Discovery Reference Model (EDRM), a framework for the discovery
of electronically stored information (ESI), the life cycle consists of nine stages: information
management, identification, preservation, collection, processing, review, analysis, production, and
presentation.3 If an organization has litigation on a regular basis, ideally it should have processes
in place for handling each of these phases.
1 Carolyn Southerland has more than 20 years of experience as a commercial litigator in one of Houston’s largest law firms. She handled complex
matters involving contract disputes, patent infringement, professional malpractice, and energy-related matters. She also has extensive experience
in representing clients in matters before a variety of regulatory agencies. In 2007, she left the practice of law to enter the world of consulting on
electronic discovery issues with Huron Legal, where she served as a managing director until 2015. She also served as managing director at Morae
Legal. She is a graduate of the University of Texas and the University of Houston Law Center. She is a frequent speaker and author on various
issues involving electronic discovery.
2 The Sedona Conference, The Sedona Principles Addressing Electronic Document Production, Second Edition (June 2007),
https://thesedonaconference.org/download-pub/81.
3 EDRM, Electronic Discovery Reference Model Stages, http://www.edrm.net/resources/edrm-stages-explained.
86
