TCDI Talks | Episode 6: Choosing the Right eDiscovery Tool for the Job

About TCDI Talks: Episode 6

This week on TCDI Talks, we decided to try something new and let AI do the talking for us! In the last few episodes, we’ve been digging deeper into Gen AI. Today, to get a broader perspective of eDiscovery solutions, we asked AI to summarize the article, “Choosing the Right eDiscovery Tool for the Job,” written by TCDI’s own Chief Client Officer, Dave York. 

During this 8-minute discussion, you’ll learn how to define the problem you’re trying to solve as well as the five key pillars to evaluating the different solutions available. 

Episode 6 Transcript

0:05 – Male AI

Welcome back to TCDI Talks. Lately, we’ve been diving deep into Generative AI and eDiscovery, but today we’re shifting gears a bit. We’re going to zoom out and really think about how to choose the right eDiscovery tool overall.

To help us out with this, we’re going to take a close look at the article, “Choosing the Right Tool for the Job.” It’s by TCDI’s own Chief Client Officer, Dave York.

0:30 – Female AI

Oh, it’s a great article. It’s so timely. There’s so much hype around new tech, and it’s easy to get caught up in it without really thinking about if it’s even the right fit.

0:39 – Male AI

Exactly. Dave emphasizes this point. Start with the why. You have to define the problem you’re trying to solve before even thinking about possible solutions. And he even brings up this idea of the DMAIC methodology.

Define, measure, analyze, improve, and control. It’s a common process improvement method. But Dave thinks it can be really helpful in evaluating eDiscovery solutions, too.

1:03 – Female AI

Oh, for sure. I think what’s fascinating is how DMAIC forces you to get specific, you know. It’s not enough to just say, I have a lot of data. Right? You have to define:

  • What are you starting with?
  • What is the outcome you want?
  • And by when do you need it?

For example, maybe you have to redact 100,000 documents within a month. Or you might have to review 500,000 documents in a really tight timeframe. These are the types of challenges that eDiscovery tools need to address.

1:32 – Male AI

Exactly, so you’ve clearly defined your eDiscovery need using DMAIC, what’s next?

1:39 – Female AI

Well, you know, even with all the excitement about Generative AI, Dave really stresses that a process-driven approach is key. It’s all about how technology fits into your overall workflow and strategy. And he outlines five key areas to consider when you’re choosing a tool.

1:56 – Male AI

Five key areas? I’m all ears. Let’s hear them.

1:59 – Female AI

All right. Well, he starts with security, which is absolutely crucial. You have to be sure that the tool you choose aligns with your security requirements and understand where that data is stored and how it’s protected. Having all the necessary security documentation is a must, too.

2:17 – Male AI

Security, check what’s the next area.

2:20 – Female AI

Data. You need to be absolutely clear about the type of data going into the tool and what you’ll get out of it. Where does it even reside? How will it be processed? Are there any specific steps that you have to take to prepare it for that tool? This can be a real sticking point sometimes.

2:37 – Male AI

I can see that. It’s not just plugging data into a tool and hoping for the best.

2:42 – Female AI

No, not at all.

2:42 – Male AI

You need to understand that whole data flow.

2:45 – Female AI

Absolutely.

2:46 – Male AI

Okay, now the third area is focused on processes.

2:50 – Female AI

Processes, yeah.

2:50 – Male AI

How does this new tool fit into your existing eDiscovery workflows? Does it streamline things or does it actually create bottlenecks?

So, think about the impact both upstream and downstream, right? How will this tool affect the processes before and after you put it in place? So, this is really where you start to see how a new tool impacts your team’s day-to-day.

Now, you mentioned there are five areas. What are the last two?

3:21 – Female AI

Okay. So, the fourth one is technology. This might seem pretty obvious, but it’s important to think about how the new tool integrates with your existing technology stack. Does it complement what you already have? Or are you going to have to do a complete overhaul?

It’s a question that I think a lot of companies forget to ask.

3:44 – Male AI

That’s a big one. Nobody wants a bunch of tools that can’t talk to each other.

3:47 – Female AI

Right, exactly.

3:45 – Male AI

And you also have to consider the implementation and the maintenance of this new technology. How much time and money will it take to get the tool up and running, and then how much will it cost to maintain? That makes a lot of sense. Okay. What about that fifth area?

4:02 – Female AI

Okay, the fifth…

4:03 – Male AI

I have a feeling it’s about the people involved.

4:05 – Female AI

You got it. People. Do you have the in-house expertise to use the tool effectively and provide support? It’s not just about technical skills either. Think about how the tool impacts the various roles and stakeholders involved in an eDiscovery project. Will the tool make things easier for everyone or will it create more work for some?

4:32 – Male AI

I mean, it’s almost like those infomercials for new gadgets, right? Where they’re like, but wait, there’s more…and then you need like 10 attachments and an engineering degree to actually use it.

4:42 – Female AI

Exactly, yeah.

4:43 – Male AI

So, taking a step back and evaluating these five areas, it helps ensure that you’re choosing a tool that really fits your needs rather than chasing the latest trends, right?

4:53 – Female AI

Absolutely. Sometimes a simpler tool that everyone understands and can use efficiently is the best choice.

5:00 – Male AI

That’s a great point, and I bet our listeners have faced similar situations too.

5:03 – Female AI

Oh, I’m sure they have. There’s one more crucial step in Dave’s framework.

5:07 – Male AI

You’re talking about documentation, right?

5:08 – Female AI

I am.

5:09 – Male AI

I have to admit, that’s one step I’ve overlooked more than once.

5:14 – Female AI

You and just about everyone else, but documenting the tool selection process and what you learn along the way is crucial.

5:22 – Male AI

Okay, so what types of things should we be documenting?

5:26 – Female AI

Well, Dave suggests documenting a comprehensive overview of the tool, including its features and capabilities. And if it comes with documentation already, that’s even better.

But what’s really important is to capture the why behind your decision making. Like what specific needs or challenges were you trying to address?

5:45 – Male AI

It’s almost like leaving a trail of breadcrumbs for yourself and for others.

5:50 – Female AI

Yeah, and you also want to document what went well and what could be improved during tool selection and implementation.

5:58 – Male AI

So, you’re not just documenting the what but also the how and the why. You’re creating a knowledge base for your eDiscovery toolkit.

6:06 – Female AI

Exactly, and the key here is that this documentation needs to be maintained and shared across teams to be effective. Choosing the right eDiscovery tool is an ongoing process, and documentation ensures that you capture those lessons learned and make better decisions in the future.

6:24 – Male AI

It’s all about being intentional and strategic in your approach. Choosing the right eDiscovery tool is a process, not a one-time decision. You have to continually evaluate and refine your approach based on your experiences.

6:39 – Female AI

Absolutely.

6:39 – Male AI

What are some of the biggest mistakes you’ve seen people make when choosing eDiscovery tools?

6:44 – Female AI

One common mistake is focusing too narrowly on one aspect, like just cost or the latest technology without considering the bigger picture.

6:53 – Male AI

Yeah, you don’t want to get tunnel vision.

6:54 – Female AI

Exactly.

6:55 – Male AI

Another mistake is underestimating the importance of training and support.

6:59 – Female AI

Oh, that’s a big one. It’s crucial to factor in the time and resources needed to get everyone up to speed and have ongoing support available.

7:07 – Male AI

For those of you out there wrestling with these decisions, what is your top piece of advice?

7:13 – Female AI

I would start by clearly defining your needs and challenges. Don’t get distracted by the hype or the latest trends. Focus on what you’re actually trying to achieve. Use a structured framework like the one Dave provides to evaluate your options, and take the time to understand how the tool fits into your overall eDiscovery ecosystem. And don’t forget to document your process and the lessons learned along the way.

7:39 – Male AI

That’s great advice. It’s about being intentional and strategic in your approach. Choosing the right eDiscovery tool is an ongoing process. It’s about continually evaluating, adapting, and improving your approach to make sure you’re always using the best tools for the job.

7:57 – Male AI

If you want to dive deeper into this topic and learn more about Dave York’s framework, you can find a link to this full article, Choosing the Right Tool for the Job, in the show notes.

8:06 – Female AI

And don’t forget to join the conversation online using #TCDITalks. We would love to hear your thoughts on this topic and any eDiscovery challenges you’re facing.

Thanks for joining us.

Meet the Expert Behind the Article

David York | Chief Client Officer | TCDI

David York oversees TCDI’s Litigation Services team involved in projects and data relating to eDiscovery, litigation management, incident response, investigations and special data projects. Since his start in the industry in 1998, Dave has made the rounds working on the law firm, client, and now provider side of the industry, successfully supporting, executing and managing all phases of diverse legal and technical projects and solutions.

During his career he has been a NC State Bar Certified Paralegal, holds a certification in Records Management, is a Certified eDiscovery Specialist (ACEDS), and has completed Black Belt Lean Six Sigma training.

Read the Article

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