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It’s the Context, Not the Content


In Metropolitan Corporate Counsel's July/August 2017 issue, Neal Lawson & Bobby Williams, Jr. of iDiscovery Solutions discuss the shift to data-based discovery, where the emphasis is on context, not content.  To make intelligent decisions during litigation, you need to fully understand the electronic data -- iDS' experts can help.



In the legal world, there was a simpler time – a time before the “e” in e-discovery. When the Federal Rules of Civil Procedure were established in 1938, handwritten and typewritten documents were the primary methods for creating content. If you wanted to duplicate content, mimeographs and offset printing were the main machine options.

New technology continued to develop, and, with it, the discovery landscape and supporting processes matured. Word processing and laser printing are major examples of progress, but it did not stop there. Automated OCR, machine coding and deduplication have all been added to the toolbox. Now you can even use automation to categorize data. All of these have strengthened the capabilities of attorneys to navigate through the discovery process and into trial.

Today, discovery is filled with automation. We can extract metadata, visualize data trends and cull information. Additionally, many technology solutions have been designed to hand human tasks off to machines. Graphic images and audio files can be converted to searchable text without manually transcribing the content. The goal is to make the process of discovery more efficient and less expensive, and to allow attorneys to paint a more detailed picture of the facts.

What is the next evolution? What will the next technological breakthrough be?

Today, we are starting to see a shift that is less about needing the shiny new object and more about leveraging tools and data that already exist in novel ways. Achieving efficiencies and cost reductions remain important, but there’s a greater emphasis on being informed in ways that can drive the development of strong case strategies. In short, we believe that the shift from documents and content to data-based discovery and the search for context is underway.


Please email Mr. Lawson or Mr. Williams to discuss the dynamic shift in discovery and how iDS' industry-leading subject matter experts, leveraging our proprietary xIoT platform, can help you and your clients leverage the context in your data to build a better narrative and control the case.

The full article is available as a downloadable PDF above and all of iDS' published pieces with MCC are available to view HERE

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