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Big Jump Predicted in Use of e-Discovery
In a survey published on 11 May 2010, CompTIA, the leading trade association for the world's information technology (IT) industry, reports that "88 percent of attorneys surveyed expect law firms to engage in e-discovery processes more frequently as more and more cases involve electronic information.
Among more than 650 IT professionals surveyed, 53 percent expect the use of e-discovery within their organizations to increase over the next few years.
E-discovery conventionally refers to the discovery process in civil litigation using electronically stored information. However, many firms routinely engage in data collection and informal investigations related to personnel matters, violations of company policies and security breaches that never involve the legal system but may nonetheless fall under the umbrella of e-discovery.
The CompTIA survey identified situations that most often trigger the use of e-discovery. They include:
• Investigating an employee suspected of violating company rules (cited by 66 percent of survey respondents)
• Security breach stemming from an outside threat (62 percent)
• Pending lawsuit (60 percent)
• Intentional internal security breach (53 percent)
• Unintentional internal security breach (44 percent)
Fifty percent of organizations surveyed have already developed an e-discovery strategy, either partial or comprehensive. Another 26 percent indicate that their organization has no official e-discovery strategy but have engaged in e-discovery processes informally. Among organizations that have yet to develop an e-discovery strategy, cost and expertise are cited as the primary reasons."