Google Home as a witness? The Challenges of our Data Driven Society for Law
This ABC news article highlights the sort of challenges lawyers face today and that are only set to increase in the months and years to come.
Once upon a time, a client would come to a lawyer seeking advice. That lawyer would ordinarily hear the client’s problem and request from them some further information and documentation. Now historically, this would be available within the client’s own knowledge and locked away in some filing cabinet somewhere, hopefully in some sort of order. Obtaining most of the required information was usually quite easy to do – there simply was not that much of it.
But then came email, electronic document management systems, mobile computers and phones, text messages, other proprietary communication tools, digital cameras, high definition audio and video recording, cloud storage and the rest…
It has become incredibly simple to create information, in an almost infinite number of ways. For that reason, create lots of information we do – and it is not set to stop there. Take, for example, the ABC article attached to this post – latent data held within an Internet of Things device located in the kitchen next to a suspected crime scene simply wasn’t an evidentiary paradigm considered by a lawyer even five years ago. In the same way, having to approach the massive task of investigating 30TBs of construction project data (located amongst countless sources and obtained from innumerable project stakeholders) would not have even been contemplated as a possibility.
But this is our present reality and one that is only set to become more and more complex. Now whilst these circumstances may seem somewhat daunting, there is still plenty of assistance available, just not in the way lawyers might be accustomed to receiving it. These are not traditional problems and will require a non-traditional solution. Today’s problems require today’s solutions.
At Law In Order, we have been working with clients for the past 19 years assisting them to overcome their challenges in day to day practice, in whatever form they may take. Now, we assist them to overcome challenges like those listed above.
So how do we do this? Law In Order offers a ‘one stop shop’ in the global market covering the full spectrum of digital services for the legal profession as outlined below.
Information Governance and Litigation Readiness
The effective management, control and utilisation of information offers significant benefits to an organisation in terms of the time and cost associated with dealing with a range of legal, regulatory and operational matters.
Data audits, whether in the context of litigation or otherwise, can assist organisations in identifying data sources, key custodians and the various business owners within the organisations that are responsible in managing the relevant data sources or systems. The results of the audit can then be used to create data maps, enabling the swift identification and access of relevant documents. The creation of asset registries to effectively document the data held by an organisation is an obvious next step.
Forensic Data Collection, Investigation and Audit
Our highly skilled and experienced team of Forensic specialists can assist at audit stage or in response to court dictated discovery or investigatory requests. They have specialised technical knowledge gained through years of experience working closely with clients on matters such as fraud investigations, criminal offences, IP / identity thefts, employee misconducts, litigation and arbitration. Our team have experience with matters of all sizes including cross-border eDiscovery matters involving multiple complex data sources.
Early Case Assessment and Data Processing (Predictive Coding)
Law In Order utilises cutting edge data processing technology to analyse and reduce data volumes prior to undertaking an electronic review or investigation. Undertaking an Early Case Assessment (ECA) of data can reduce and filter data sets by up to 90%. Our ECA team and platforms provide a high level overview of the breakdown of your data, empowering the review team with valuable information on where to focus and where not to focus their efforts – saving time and money in the often costly discovery process.
Analytics and Technology Assisted Review
Law In Order offer market leading software and consulting services to help clients assess data identified at audit and collected by our Forensic Data Collection, Investigation and Audit team.
Managed Document Review
Litigation can attract significant costs for law firms and 70–75 per cent of this cost is usually attributed to the review of discovery documents. Our legally qualified reviewers and technology specialists operate as an extension of the law firm. We are equipped to manage the entire lifecycle of review, from the creation of a review protocol to electronic processing, in a highly scalable environment. We utilise the industry leading document review platform Relativity within our secure data hosting environment, allowing for online access to streamlined workflows in a collaborative, matter-specific workspace.
Law In Order also provides our clients with access to the full suite of Milyli tools, providing comprehensive reporting on review projects and facilitating accurate forecasting in relation to the time and cost associated with the review.
eTrials and eArbitrations
Law In Order has one of the largest, and most experienced teams of eTrial specialists in the Asia Pacific region. Our eTrial and eArbitration services utilise the latest technology which is simple to use and extremely effective at presenting evidence. Technology services include Electronic Evidence Presentation, Online Hearing Books, Real-time Transcription, Remote Witness Video Conferencing and Live Web Streaming. The team also offers project management and evidence management support, and eArbitration protocol.
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ALTA gratefully acknowledges Law In Order’s support to the ALTA community as an ALTA Founding Partner.