Today and tomorrow I am at LegalTech. LegalTech is show for legal professionals and IT workers covering such subjects as eDiscovery, archiving, and other technology issues of interest to legal professionals. I wanted to relay two things to you from the show today.
The first comes from the sessions I attended today. The first session I attended today was delivered by Bill Tolsen from Mimosa Systems. The main theme I gained from his presentation was how important proactive eDiscovery was. He stated that he thought the market was headed in that direction.
I also attended a presentation given by Keri Farrell from Quest Software (Full Disclosure: Keri and I work together at Quest). A portion of Keri’s presentation talked about the differences between Proactive and Reactive eDiscovery. I thought she did an excellent job explaining it and thought the definitions she used were easy to understand. For those that do not know here is what we mean when we talk about proactive and reactive eDiscovery.
From her presentation she says Reactive eDiscovery is a company saying “We don’t know what’s out there, or where it all is, but need to produce evidence for x
She says that Proactive eDiscovery is a company saying “We need to set up our Exchange environment in order to facilitate discovery” or “I’m going to put my keys in the right place so I can find them easily!”
Proactive eDiscovery involves Archiving. You can’t be proactive without it. You will not know where you your keys are if you do not have a place to keep them. Having everything (that needs to be saved) contained in a single repository in an Archive allows you to store data in a location where it can be easily found. There are also some other advantages I thought about with the proactive approach. They are:
* You can do journaling to capture envelope information where as reactive eDiscovery does not involve journaling
* Indexing is done as you store data making the search for data faster since there is no need for the index to be built first.
* Retention policies can be managed better if everything is centrally stored.
* Centralize and therefore control .pst files in the archive instead of at the desktop.
* Legal hold is easier to apply to a centralized repository.
Those are just a few advantages but I am sure there are more. The point is that in order to successfully remain compliant a proactive approach is best. There is a place for the reactive approach but in order to minimize your risk you should be proactive.
That brings me to the second Item. I learned something today. If you want to attract people to your booth at a tradeshow a Vespa is actually better than an Xbox. :)
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Email Archiving, Compliance, Proactive eDiscovery, Vespa, LegalTech
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