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Chapter 1. Trends in Enterprise E-discov... > The Market and Profession Overall

The Market and Profession Overall

E-discovery is absolutely on every firm's radar, be it through their consultants or through discovery teams assigned in-house. For evidence of this, examine the following trends and statistics outlined in a whitepaper titled “A Conversation with Corporate Counsel: E-discovery Trends and Perspectives,” by Ari Kaplan:
▪ 39 percent of respondents indicated that their general counsel has little to no involvement in the management of e-discovery.
▪ 75 percent of respondents ranked their organizations at a 7 or higher (out of 10) in terms of how well their legal holds are enforced, documented, re-issued, and monitored.
▪ Legal cost drivers are fairly evenly divided between patent/IP (28.6 percent), products liability/class action (25 percent), and regulatory investigation/compliance (28.6 percent) matters.
▪ 89 percent of respondents work in legal departments that have an e-discovery response team in place.
▪ A majority of respondents (61 percent) did not feel that their organizations were particularly impacted by the amendments to the Federal Rules of Civil Procedure (ranking the impact at 5 [out of 10] or below).
The relationship between legal and IT is improving dramatically. 79 percent of the respondents reported working “very close” with IT, and 61 percent noted that legal is “often” consulted when IT adopts new technology.
▪ 61 percent of companies have completed a litigation readiness assessment, most with the assistance of an outside source.
▪ 43 percent of the respondents admitted they did not know how much the company is spending in its entirety on e-discovery.
▪ 46 percent of the respondents do not have a long-term agreement in place with a preferred e-discovery services provider.
▪ Only 14 percent of the respondents engage national e-discovery counsel. The others use outside counsel for each specific case.


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