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Survey: Organizations Taking Critical Steps to Close the 'Discovery Readiness Gap'

Posted on: Tuesday, 16 June 2009, 08:00 CDT

NEW YORK, June 16 /PRNewswire/ -- Despite the fact that a majority of corporate counsels surveyed (77 percent) see readiness for legal discovery as one of their organization's most important functions, a high number of these respondents (44 percent) also say their enterprise has not established any internal electronic discovery (eDiscovery) processes or technology. However, there is good news in the fact that some corporate legal departments are taking steps to close this "discovery readiness gap" by implementing critical eDiscovery processes and technology.

These and other key findings were spotlighted in a new survey report issued today by Oce Business Services, a leader in document process management and eDiscovery services. "The Discovery-Ready Enterprise III: Taking Steps to be Proactively Prepared" survey clarifies actions that in-house and law firm attorneys are taking in order to be better prepared to comply with discovery requests. The survey also highlights issues that legal professionals are grappling with in order to meet their preparedness goals, such as implementing comprehensive records management programs and better managing electronically stored information (ESI).

Steps Toward Proactive Preparedness

Corporate attorneys surveyed indicate that the two top actions their organizations are taking toward eDiscovery preparedness include implementing a discovery readiness assessment analysis (26 percent) and creating an internal eDiscovery team (26 percent). Other steps include hiring an outside vendor (14 percent) and hiring a law firm (11 percent) to consult with on implementing eDiscovery processes and technology.

Law firm survey respondents say their firms are taking several important steps to boost eDiscovery expertise and preparedness in order to better serve clients. This includes cultivating a combination of internal eDiscovery expertise and external expertise with one or more service providers (56 percent). Some firms are establishing eDiscovery expertise exclusively within the firm (25 percent). Other steps include using a client's preferred eDiscovery service provider and implementing a pre-negotiated contract with one eDiscovery service provider.

Steps to Improve Records Management

While corporate counsels indicate that having a comprehensive document retention policy in place is a top litigation risk management concern, a significant number of respondents (41 percent) indicate that their organization does not have a fully-implemented records management program. Interestingly, while a strong majority of law firm respondents (76 percent) agree that it is important for their clients to have a records management program many firms (49 percent) don't even have a robust program in place themselves.

Some corporate legal departments do "see the light" with respect to records management. In Oce's 2008 discovery-ready enterprise survey, 35 percent of in-house counsels surveyed indicated their organization planned to implement a records management program within the next year. In this year's survey a higher number of respondents (42 percent) say their company plans to launch a program in the next 12 months. This finding suggests a growing awareness of the importance of records management as a key element in becoming a discovery-ready enterprise.

Steps to Better Control Litigation Risk

Corporate counsels surveyed agree that they are equally concerned about four risk management elements. These elements include working closely with IT personnel to mitigate eDiscovery risks (25 percent), ensuring a comprehensive document retention policy is in place that includes electronically-stored information (22 percent), segregating potentially privileged information, such as restricting access to servers where privileged information may be stored (22 percent), and training staff in information technology basics so they can assist more effectively when litigation holds are required (22 percent).

One issue closely related to litigation risk management is that many organizations report they are not well prepared to manage electronically-stored-information (ESI). In fact, 50 percent of in-house attorneys specify that their organization is not well prepared to review ESI for relevance and privilege. Additionally, 44 percent say their company is not well prepared to produce ESI to a requesting party and 39 percent indicate that their organization is not well prepared to collect ESI for review and processing. To more effectively deal with these and other discovery-related issues, corporate counsels say their companies are taking a more hands-on, internally-managed approach to litigation management, particularly when it comes to collecting electronic evidence.

"The survey shows that companies ahead of the curve are acting now to better manage electronic documents and prepare for electronic discovery," said Joseph R. Marciano, president and CEO, Oce Business Services. "A unified, proactive approach to discovery and records management no longer appears to be an option, but a critical element of corporate governance."

To accomplish the shift toward being more prepared, organizations are implementing new methodologies such as a forward-thinking solution that Oce Business Services terms Unified eDiscovery Platform. Its structure encompasses four strategic, interdependent business processes: records management, eDiscovery, paper discovery and compliance. This integrated approach can advance enterprise readiness for discovery of all electronic and paper data.

The Respondents

A total of 124 executives took the online survey. These executives are highly experienced in legal discovery and records management. The group of respondents consisted of 40 percent corporate counsel and legal/IT department staff and 60 percent law firm attorneys and litigation/IT support staff. Among the corporate respondents, 68 percent have annual sales of over $100 million; of that total, 41 percent have sales of over $1 billion. Among law firm respondents, 40 percent have more than 100 attorneys in their firm.

The full survey report is available by visiting www.obs-innovation.com.

About Oce Business Services

Oce Business Services is a leading international provider of document process outsourcing services and technology to businesses and the public sector. By improving and managing non-core yet critical document processes, Oce Business Services enables organizations to reduce costs, increase efficiency, mitigate risk and improve operational performance. Oce Business Services' solutions span the document lifecycle, from creation through disposal, including business records, eDiscovery, imaging, print and mail management. Proprietary service delivery methodologies apply Six Sigma(R) to improve results. To learn more, visit http://www.obs-innovation.com.

About Oce

Oce is a leading international provider of digital document management technology and services. Oce employs around 23,000 people, with 2008 revenues of approximately $4.3 billion, and operates in around 100 countries. For more information about Oce, visit http://www.oceusa.com. Outside the U.S. consult http://www.global.oce.com.

Note to Editors: Trademarks and registered trademarks contained herein remain the property of their respective owners.

SOURCE Oce Business Services

Source: PR Newswire

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