Riding the Waves of Early Case Assessment
Can you really conduct early case assessment or the notion is simply a fancy indexing and culling model? What exactly is “early case assessment” (ECA)?
While working on a project for one of my corporate clients I had to delve deeper into this question and reached out to a few of my old industry friends and colleagues — Gyorgy Pados of Capital Legal; Richard Cohen, of Renew Data, Rick Lutkus and Lori Chavez of Seyfarth Shaw, Michelle Mahoney of Mallesons Stephen Jaques, and Jonathan Maas of Ernst & Young — to gain a better perspective on the widely debated phenomenon.
As the novelty of the ECA concept starts to wear off and more and more practical evaluation and understandings are abound it’s perhaps time to reflect on what is the positioning of ECA on the Electronic Discovery Reference Model (EDRM) framework. Is it matured yet to be used in the right way and embraced? What capabilities are properly framed “ECA”?
ECA is used in this context by the legal technology and services industry with varying degrees of muddied waters. Both in the technology and services paradigm ECA could refer to appliance, software or software as a service to quickly collect-index, de-duplicate and search electronically stored information (ESI) to provide fast up-time analysis of its content. The concept is a platform or service to facilitate a quick fly-over of the ESI collection of the matter at hand to gather key reports of data make up, information and communication histograms patterns, concepts and themes, keyword analysis and evaluations. Most of the ECA offerings provide dynamic probing and data evaluation facilities to arrive to the relevant ESI at scope very much akin to the traditional fact finding early case evaluation approach for the strength and weaknesses of the case. However, is this the right way to even define ECA, or should it mean something different, such as analytic capabilities prior to collection or indexing of data?
Read more on the Law Technology News website here.