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What the Best eDiscovery Vendors and the Avengers Have in Common

Cat Casey
Cat Casey

What the Best eDiscovery Vendors and the Avengers Have in Common

The Marvel Cinematic Universe first entered pop culture when the 2008 box office supernova, Iron Man, hit the screens. In the near decade and a half since the foundation for this universe was laid, 24 feature films and several television series have woven the mythos of the Avengers into the fabric of all things pop culture. The MCU is a mix of cautionary tales, like the perpetual striving and failing of Loki, and redemption arcs where knowledge (and occasionally a flying metal suit) help mere mortals (and demigods) save humanity. Despite their popularity, perhaps the Avengers are not the first thing that come to mind when you think of the best eDiscovery vendors and litigation support tech.

But, maybe they should be.

Despite the glitz and big budget CGI, the core of these films are stories of human failing, interpersonal conflict, and having the coolest cutting edge tech on the planet. Seems a lot like a day in the life of every case team I have ever worked with. Whether facing the challenge of Hulk sized volumes of electronic information with Ant-man sized timelines or trying to weave stories across data sets (that often feel like infinite multiverses) eDiscovery work can feel as daunting as any Marvel villain! And the methods and tools needed to triumph help team members perform equally superhuman feats. This post uncovers what the best eDiscovery software companies are doing to embrace their inner Iron Man and vanquish their eDiscovery foes.

With the Right Tech, Size Doesn’t Matter

Generally when thinking of a Marvel superhero, images of larger than life spandex clad men and women with physiques straight out of an anatomy textbook come to mind. In the case of Ant-man, that could not be farther from the truth. For this unexpected superhero, it is technology alone that lets him face existential threats and emerge victorious. Through the power of a Pym particle suit, he is able to scale up taller than three T-Rex and down to half the size of a paper clip, depending on the task at hand. When drastic times called for drastic measures, he is even able to push the limits of this fictional technology to scale smaller than the sub-particle level.

How does this relate to eDiscovery practitioners? Well, with the right eDiscovery solutions working with you, regardless of the size of the data set or your organization, you can quickly surface key evidence to build your case against opponents of average or even super-human scale.

Great electronic discovery platforms understand that advanced applications of AI and robust data processing capabilities help clients in a David vs. Goliath situation. Social network analysis to prioritize and eliminate custodians, contextual and linguistic analytics can parse through the largest amounts of ESI, as well as the smallest pieces of metadata. At a fraction of the time and cost of linear review, AI can eliminate the barrier of entry (such as pricing) for large or small clients.

Man + Machine is Better than Man vs Machine 

In the second Avengers film, Age of Ultron, the ragtag team, including a demigod and a "genius, billionaire, playboy, philanthropist," among others, face off against a sentient artificial intelligence system bent on eradicating humanity. Ultimately, the Avengers avert annihilation by teaming up with another AI powered entity and using a whole suite of super cool tech to vanquish the autonomous Ultron. While the film was chock full of CGI explosions and pithy one liners, the lessons of Ultron are apparent with the leading eDiscovery software companies’ approach to using AI as a human force multiplier.

As I have spoken and written about extensively, the future of legal AI is not about replacing legal professionals with AI. It's about providing savvy legal professionals with better information to make more informed decisions using AI and to amplify those decisions using leading technology.

The best eDiscovery platforms are building technology that works a lot like the Iron Man suit. Without Tony Stark, who's intelligence and skill make him an effective hero, Iron Man is just an empty metal suit. Similarly with eDiscovery practitioners and AI, there is an experienced human at the center of the equation making the critical decisions, but the automation amplifies the legal professional's insights and impact. From the Brainspace Cluster Wheel to the Netflix-like model library, the best tech companies want to make using AI so easy that a lawyer wants to do it!

Time is Your Most Valuable Resource

When reminiscing about his father, Tony Stark himself shared a pearl of wisdom his patriarch had shared growing up: “No amount of money ever bought a second of time.”

The best eDiscovery SaaS companies understand that at the end of the day, no matter how massive a client's budget is, the single most important resource and hurdle to overcome is time. Using AI powered technology, they work with legal professionals to dramatically reduce time to insight and accelerate the entire document review process using active learning, social network analysis and data visualization. And most importantly, they do not charge you a penny extra to use the tools necessary to supercharge the process.

Be Ready to Pivot when Things Go South

In the case of Avengers: Infinity War, it took a fraction of a second for Thanos to snap his fingers and half the population of the universe vanished in an instant. After the snap, the remaining people and Avengers were left scrambling to adapt. While the rapid pivots in eDiscovery may be less catastrophic in nature, they can be no less impactful to the approach and outcome of an eDiscovery matter.

The best eDiscovery companies understand the need to remain nimble and able to pivot at any point in the EDRM framework. Their technology is deployable in a variety of ways to meet the evolving needs of legal services and is able to scale from an Ant-man sized matter to one rivaling the giant version of the character, just as quickly as the Avenger. Flexible cloud and on premise solutions, a host of AI powered technologies to serve as a force multiplier, and the capacity for adaptability all contribute to this pivot on a dime mentality.

Learn From Mistakes

Avengers: Infinity War really put poor Thor through the gauntlet. But nothing impacted the demigod more than his mistake in battling Thanos, which allowed the villain to proceed with his diabolical aim of eliminating 50% of all living beings in a single snap. When Thor was able to again face off with his arch nemesis in Endgame, he learned from his mistake and did not hesitate to chart a differing course.

The best eDiscovery software companies take a similar approach, learning from the inevitable mistakes that can arise in an eDiscovery matter and not repeating the same mistakes over and over again. Whether the issue is workflow related, an oversight with production format or a simple failing of communication, the savvy companies ensure that they are documenting the errors, uncovering the root cause and mitigating it from occurring in the future. Anything less would be insanity.

Share a Common Vision

In the Marvel Cinematic Universe, as in real life, a team is composed of individuals and groups with their own motivations, fears and vulnerabilities. Ultimately, the Avengers' differences do not divide the them because they share the common mission of protecting humanity from the existential threat du jour.

Great eDiscovery software companies are no different. They share a common objective with their clients and the larger case team. Whether the goal is saving the world from an evil alien overlord or wading through petabytes of electronic documents faster than a speeding bullet, alignment of all the key stakeholders is critical to success. Great eDiscovery software partners understand this and leverage all of the technology at their fingertips to enable their clients to tackle large amounts of electronically stored information in a single bound.

Long-term Partnership, Not A One-off Mission

A unique thing about the formation of the Avengers was that it took a group of highly skilled individuals and brought them together not for a one off Hail Mary, but to foster and develop a team that developed connections and understanding of one another over time. The initial foray of the Avengers to save the world had bumps and bruises along the way, but by the time Endgame (the most recent film) rolled around, they had a much better grasp of each other’s strengths and weaknesses and how best to work together as mutual force multipliers.

The best eDiscovery software companies take a similar approach in developing collaborative and lasting relationships with their clients and their case teams. Rather than thinking about only the profitability of a single matter or winning a single case at any cost, they invest in understanding the long term needs of their client beyond just the lifecycle of the current case. They also invest in developing bespoke solutions for the unique short and long term needs of their partners in a meaningful way via co-innovation, training and a robust onboarding program.

In taking the longer view of teaming up, the best eDiscovery software companies are able to continually improve the experience for their clients, to learn on each successive case and invest in building a support structure that enables their clients to thrive over time.

See Stories Across Timelines and Data Sources

Dr. Strange and the recent Loki series delve into the power of timelines and the impact a single fact or action can have on a whole host of people and events. While in eDiscovery, we are not investigating a multiverse, but the vast ecosystem of electronic data spanning a variety of data sources and formats makes it a challenge to find valuable insights.

The best eDiscovery software companies use linguistic analytics to uncover the hidden connections between people, concepts and events no matter what data source they reside in. These AI powered insights are beyond what any human could hope to make on their own. Reveal-Brainspace Stories take this cross data source context to the next level with stories that connect actors, events and sentiment across the entire data verse of a case.

Think Outside the Box, er… Hammer

In eDiscovery as in many industries, it is easy to look at every problem as a nail if the only tool in your toolbox is a hammer. The demigod himself, Thor, found himself facing a conundrum when his trusty magical hammer was shattered beyond repair in a bout of sibling rivalry for the record books. The resulting existential crisis highlights a challenge that great eDiscovery software solutions help you face head on.

Namely, rather than being a one trick pony or only having a single workflow or suite of eDiscovery tools, they bring a full tool box to the table. From the trusty old hammer of linear review to the more advanced application of model sharing, interactive data visualization, early case assessment tools, machine learning, predictive coding, and conceptual analysis, the superheroes of eDiscovery services bring options to the table. Matters vary and objectives and expectations can shift so the best of the best provide adaptable and customizable options for when an eDiscovery hammer simply will not do.

Don’t Let One Mistake Derail You

As noted above, a single mistake reset the course of history for the Avengers. By not taking out the threat of Thanos completely, Thor allowed the malevolent purple guy enough time to snap his fingers and eliminate 3 Billion plus humans and Avengers alike from the planet. Rather than immediately regrouping, the remaining members of the team fell apart. Thor embraced a chubbier and more unkempt “Lebowski” Thor that made for great comedic relief, but exemplifies exactly how NOT to handle things when issues arise.

Rather than reassessing the situation, triaging the issue and clearly communicating with the team, the Thor selfishly locked himself away to play Xbox with a giant rock creature while subsisting on beer and fast food.

The best eDiscovery software companies take the opposite approach. Mistakes and unexpected turns of events happen with a good deal of frequency in eDiscovery projects. The tight timelines, variety of moving variables and high pressure nature of the work makes that an inevitability. Great eDiscovery providers understand this and do not assume every matter will go off without a hitch, rather they have contingency plans and the resources and capability to pivot quickly to mitigate the impact of a change of scope or mistake. They also communicate early and often whether things are running smoothly or if the waters are getting choppy. Transparency and the ability to pivot are the difference between successfully recovering from a mishap instead of sending yourself into a tailspin.

Always Look to Improve

From a technology or collaboration standpoint, the Avengers team was not one to stop at good enough. Tony Stark continually improved the Ironman suit, creating evolved versions of the original tech to face the ever changing threats he faced or might face. From incorporating nano technology, suitcase deployment, and even Hulk-buster capabilities in case his team-mate went rogue, there's a reason why Stark is known as a futurist. Black Panther’s sister once wisely commented, “Just because something works doesn’t mean it can’t be improved.”

The best eDiscovery Software companies take the same approach. Not settling for being the AI gold standard, they strive for more powerful functionality and intuitive technology and invest in continually leveling up and finding ways to streamline the eDiscovery process. Complacency and laziness can be an enticing path to take, but the best legal technology companies rise above that temptation to continually improve and evolve the suite of solutions available for their clients.

Think of Solutions, Not Just Challenges

It is easy for someone to find errors or weaknesses in a workflow or technology. What takes more patience and insight is finding ways to overcome those challenges and achieve a better result. In Black Panther, T'Challa understood just this when he stated,  “The wise build bridges, while the foolish build barriers.”

In the context of eDiscovery, we are faced with challenges on a daily basis, sometimes hourly basis. The best eDiscovery software companies are constantly looking at how to meet those challenges head on with innovative and cost effective solutions. Having this solution mindset makes for better outcomes and feeds continuous innovation. It also is a way to actively ensure that barriers are seen as an opportunity instead of a threat.

Live by “Teamwork Makes the Dream Work”

Litigation is a team sport, with success contingent on strong communication and collaboration across the in-house legal team, outside counsel and software or service providers. As with the Avengers, a great case team is a combination of subject matter experts and generalists with areas of overlapping expertise.

The Avengers worthy software companies understand the need for amazing communication across all the stakeholders. From the involvement of the demigods (aka rainmakers) down to the smallest player, which might be a raccoon or eDiscovery specialist depending on which group you are looking at. No single piece of the team can achieve as much as a collaborative and communicative version that has all the key players working in tandem to a common goal. And whether that common goal is saving the world, or meeting a looming regulatory production deadline, teamwork and transparency are key ingredients to meeting the common mission.

The superheroes of the eDiscovery software game proactively foster collaboration with clear and continuing support and proactive communication when things are running smoothly. Even more critically, maintaining communication when things go sideways and empowering all the members of the team to make an impact on the objective.

Making Your eDiscovery Dream Team 

In eDiscovery as on the big screen, not all teams or superheroes are created equally. To build your own Avengers team within your law firm, legal department, or even government agency, it is imperative to find an eDiscovery software provider that fosters teamwork and collaboration while providing you with the right tools and adaptability to face challenges, large or small. The Avengers of eDiscovery align their objectives to find key evidence and information as quickly and efficiently as possible and are adaptable enough to pivot with the snap of a finger. And whether your organization or matter is of Hulk proportions or more Ant-man in nature, they offer a host of tools and deployment options that can scale as quickly as your team requires.


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