US attorneys admit to being unprepared for electronic discovery

While a majority of corporate attorneys agree that having a functioning electronic discovery strategy in place provides essential business benefits, 92% of the attorneys admitted that their company is vulnerable when it comes to being prepared for electronic discovery, according to new figures from the US.

The survey takes a look at nine challenges corporate and law firm attorneys are grappling with in order to deal with the growing tide of electronic discovery.

One of the nine critical challenges—inadequate records management—represents a major issue. Among surveyed attorneys at companies that have a fully implemented records program, only 8% say their program addresses electronically-stored-information (ESI) very well.

Among attorneys at companies that lack a fully implemented program, 26% say that their company has no plans to implement a program and 17% don't know whether or not their company has any plans.

60% of enterprises plan to establish a mix of internal electronic discovery expertise and external expertise.

“As a result of these and other issues, legal departments are taking a more hands-on approach to litigation management, particularly when it comes to electronically-stored-information (ESI) and records management programs. Businesses focused on best-practices intend to adopt repeatable discovery processes, technologies and services that will work for regulatory requests and internal investigations as well as litigation.

Doug Bean, vice president and general manager, Oce Business Services' CaseData Division

Another major challenge centers around confusion about the Federal Rules of Civil Procedure. Only 10% of corporate counsels say they understand changes to the FRCP very well. 33% frankly state that they do not understand the changes very well.

The survey—Dawn of the Discovery-Ready Enterprise—was produced by Oce Business Services.

Doug Bean, vice president and general manager, Oce Business Services' CaseData Division, commented: "As a result of these and other issues, legal departments are taking a more hands-on approach to litigation management, particularly when it comes to electronically-stored-information (ESI) and records management programs. Businesses focused on best-practices intend to adopt repeatable discovery processes, technologies and services that will work for regulatory requests and internal investigations as well as litigation."

The study comprised of over 100 online surveys and respondents consisted of 42% corporate counsel and legal department staff and 58% law firm attorneys.