eDiscovery in SA – The value of eDiscovery technology and remote working

by Harrison

We all know that are we are in troubled times here in SA and, indeed everywhere in the world right now and clearly for some time to come. An entire post could be written on what is happening here and elsewhere, about; lockdown restrictions and how some are flouting them; the rights and wrongs of the strict measures; the effect on our schoolchildren; how the economy can ever recover; the terrible effect on the livelihood of so many people; the dedication and hard work of essential workers particular in the field of medicine; and so much more. Perhaps we have also had an opportunity to taking stock and seeing what is really important to us such as the value of relationships. Perhaps we have also learned that it can be possible for many many people to successfully work remotely and that is the main point of this short post. Just because, in so many ways, our country has ground to halt, it does not mean that there are no cases to investigate or actions to pursue or defend, and to simply say that nothing can be done because of lockdown is not an acceptable response. Therefore, let us take a brief look at the various stages in a matter and see how these processes can be achieved in the current climate using eDiscovery technology. Data collection Not an easy one but there are some instances when data can be collected remotely using clever forensics software. There are also ways and means here of data actually being collected as long as responsible and experienced practitioners are used even during the lockdown. Processing Again, using the right provider with quality eDiscovery processing software it is more than possible to process remotely. It is all about the right IT connections and access and good internet speed as well as......security Hosting If you think about it hosting is done remotely anyway in most cases. The hosting provider makes the data available to the reviewers who access via the internet, but remember ......security. Technical Support and training Remote support happens all the time whereby the staff of the supporting provider are even able to access the reviewers screen remotely if necessary. Training is done via webex or similar, but again remember ..........securty. Review For sure this can be done remotely as once again it relies simply on internet access. Therefore reviewers within law firms can work from home and access their case remotely, subject to....security. Alternatively, or in addition, SA has excellent LPO providers who can perform the review. Obviously this a remote procedure anyway and you just need to be satisfied about their....security Strategic advice/consultancy I spend much of my working time doing this remotely either by email, telephone calls or video chats. Recently I completed a short engagement in which I never met my law firm client once! Because, I do not hold their data there is no issue about...security You may be wondering why I keep mentioning ...security. Well that is the biggest issue and not just about remote working but clearly it is a major consideration for those working from home. They do not have the protection of such things as sophisticated firewalls. In SA, we understand that hackers hit more than 300,000 devices in one week as more and more people are working from home. Danny Myburgh, MD of Cyanre provided this information with a podcast - and article The summary of all of this is that eDiscovery technology provides all its power whether remotely or not and the trick is to be careful about choosing your provider so that security does not become an issue.

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