organizations have a policy than ever before, but only one-third have tested
their policies and nearly half do not know if their policies have been tested."
~ Kroll Fourth Annual ESI Trends Report
I hadn't even opened my copy of Kroll's new report yet; that little tidbit was in their preamble. It's an excerpt from their section, "A Decade of Discovery". [The report is free, but you're required to register]
What else disturbs me? Only 53% of companies have a litigation hold tool in place. 47% either don't have – or don't know if they have – a litigation hold methodology in place. 62% either haven't – or don't know if they haven't – tested their ESI policies. 62%. Unbelievable!
That's a lot of "I don't knows". All I keep thinking is, did the survey-respondent ask anybody before they answered these questions? If not, they're basically admitting they're part of the problem! Where's the communication!?
The other buzzword you're going to be hearing a lot more of is "ECA", aka early case assessment. A lot of my colleagues have blogged about it. You'll see it visually represented as the "ECA Funnel". The short description is a review of a particular case to determine whether it's worth prosecuting – or defending; usually based on cost analysis and/or drag on resources.
Do you hear that sound? That's the creaky door of the e-Discovery Insights vault opening to two posts from November of 2008 about proper testing. Part I covered identification & preservation. Part II covered collection.
This just goes along with my premise; eDiscovery issues are solved at
the beginning, not the end.