Early Case Assessment (ECA) is the e-discovery solution most in demand, according to the 2009 Socha-Gelbmann Electronic Discovery Report . In my blog post, E-Discovery Takeaways , I discussed the various methods clients are using to reduce the cost of handling e-discovery such as by in-sourcing and moving data to the cloud. Many corporations and law firms are also pinning their hopes on ECA. This hope, however, is often misplaced; effective ECA requires detailed process know-how and avoiding undue faith in a single application touted as an ECA panacea. The report describes industry wide confusion between perceived and true functionality offered by ECA applications: “ECA has been a hot topic for the past two years. We believe a major factor for this level of popularity is that it is being portrayed by many as a silver bullet for constraining runaway costs. A concise, generally accepted definition of ECA does not exist. Consequently, defining ECA depends on who you ask. Some purveyors of products are working at rebranding old tools as ECA adding to the confusion.” [emphasis added] The survey results also indicate that “ overselling ” by software providers is one of the biggest problems in e-discovery related to ECA. Hand-in-hand with this problem is the need for ESI-specific lawyer education and mentoring
Read the rest here:
Early Case Assessment – The Emperor Has No Clothes