Part II: Benchmarking—People, Process & Technology
Identify all the key players in the legal and regulatory processes who request ESI (in other words, identify the consumers) and determine why they need it. Then find all the key players and stakeholders who identify, preserve and collect ESI. Next, identify the tools currently in use to help to understand the processes and the level of effort associated with eDiscovery, from an internal resource perspective as well as from the third party cost perspective. This will help you understand risk.
Each organization is unique… understanding who touches the process is critical… knowing this early on saves resources in the long run!!
Most organizations face a mix of needs for ESI:
- Internal Audits and Board driven actions
• Regulatory Investigations
• State and Federal Litigation
Consumers of ESI may include:
- Human Resources
• Litigation Counsel
• Regulatory Affairs
• General Counsel
• Internal Audit
Personnel involved in Preservation and Collection of ESI may include:
• 3rd Parties / Service Providers
• Legal Service Providers
• Outside Counsel
• Internal Counsel
• Human Resources
Understanding all these different elements of the People, Process and Technology in your eDiscovery process is the key to controlling costs and mitigating risks.