Quite often, discovery evidence is either delayed or never produced, many times because of the inaccessibility of the data.  In the course of many discovery inquiries the defendant cannot meet discovery requests due to inadequate processes on archiving, storing and accessing documents.  This is not only a technology issue (finding what vendor to choose) but also an  eDiscovery service issue in terms of who can access the document and how quickly the Corporate Council can produce these messages.  This can result in significant fines and other penalties in not meeting eDiscovery requirements that allow Law Firms’ legal council’s Litigation Support Team to access various documents.

To effectively tackle eDiscovery compliance a company needs to have hardware, software and human  processes to effectively tackle the process.  This includes scanners, OCR technology, data archiving (back up tapes), e-mail archiving, instant message archiving and a method for capturing just about any type of data a corporate entity can produce.  Also, you will need IT staff to actively manage this process and troubleshoot any data bottlenecks.  Many times companies specializing in eDiscovery or Litigation Support will consult and implement processes and services to enable true eDiscovery compliance.