2019 benchmarking study of ediscovery practices · 2021. 5. 2. · 2019 benchmarking . study of...

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2019 Benchmarking study of eDiscovery practices for government agencies Demographics Volume of unstructured data housed in different repositories continues to be one of the leading challenges agencies face year-over-year 2019 70% Attorney 13% IT Professional 4% Paralegal 6% Records Manager 7% Other 2018 71% Attorney 11% IT Professional 6% Paralegal 3% Records Manager 9% Other 2017 78% Attorney 4% IT Professional 8% Paralegal 2% Records Manager 8% Other What are your top three challenges in identifying relevant electronically stored information? 36% of respondents worked with more than a terabyte of data on a single case Almost 60% of respondents have had to obtain data from mobile resources 68% of respondents feel that it is difficult to access and preserve data needed to respond to FOIA requests, and 73% believe the requests are used to bypass the legal discovery process or serve as a fact-finding mission before litigation is filed Respondents believe upper management is exploring more advanced solutions to decrease risk, provide tools to make jobs more efficient, and to respond to increasing amounts of data What is the largest amount of data in a single case you have had to work with? Have you had to preserve, collect, or request data from mobile sources such as smart phones or tablets in any of your cases? 2019 59% Yes 41% No 2018 39% No 11% N/A 50% Yes 2017 44% Yes 47% No 9% N/A 15% Volume of data 15% Insufficient time 15% Lack of technology 10% Processing multiple forms of data 8% Obsolete or proprietary data 19% Other 2018 18% Insufficient manpower 22% Volume of data 13% Insufficient manpower 12% Lack of technology 12% Processing multiple forms of data 9% Obsolete or proprietary data 10% Other 12% Insufficient time 10% No data map to ascertain where the data is located 2019 26% Volume of data 19% Lack of technology 11% Processing multiple forms of data 8% Obsolete or proprietary data 4% Other 13% Insufficient time 19% Insufficient manpower 2017 39% Do not know or N/A 36% More than a Terabyte 17% 500 Gig to a Terabyte 5% About 200 Gig 3% 200 Gig Are you able to access and preserve data sources needed to respond to discovery and FOIA requests? How often do you see discovery documents that have already been produced in response to a FOIA request or other type of government request? In your opinion what issues are driving upper management to explore more advanced electronic discovery solutions? How often is the FOIA request used to bypass the legal discovery process or serve as a fact- finding mission before litigation is filed? 9% Always 54% Sometimes 8% Never 29% N/A 2017 9% Always 62% Sometimes 3% Never 26% N/A 2018 23% Always 50% Sometimes 0% Never 27% N/A 2019 11% Always 47% Sometimes 11% Never 31% N/A 2019 12% Easily 45% With some difficulty 23% Difficulty doing so 20% N/A 2019 10% Lower discovery costs and decrease time 8% Increasing caseload 12% Increasing amounts of data 18% Decrease risk 14% Provide tools to get the job done 22% Not looking for an eDiscovery solution 6% Other 10% Do not know or N/A Ask us Patrick McColloch Managing Director Deloitte Transactions and Business Analytics LLP +1 703 236 3050 [email protected] Lauren Allen Managing Director Deloitte Transactions and Business Analytics LLP +1 703 236 3057 [email protected] Chris Knox Managing Director Deloitte Transactions and Business Analytics LLP +1 512 498 7411 [email protected] This publication contains general information only and Deloitte is not, by means of this publication, rendering accounting, business, financial, investment, legal, tax, or other professional advice or services. This publication is not a substitute for such professional advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified professional advisor. Deloitte shall not be responsible for any loss sustained by any person who relies on this publication. As used in this document, “Deloitte” means Deloitte Financial Advisory Services LLP, which provides forensic, dispute, and other consulting services, and its affiliate, Deloitte Transactions and Business Analytics LLP, which provides a wide range of advisory and analytics services. Deloitte Transactions and Business Analytics LLP is not a certified public accounting firm. Please see www.deloitte.com/us/about for a detailed description of our legal structure. Certain services may not be available to attest clients under the rules and regulations of public accounting. Copyright © 2019 Deloitte Development LLC. All rights reserved.

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Page 1: 2019 Benchmarking study of eDiscovery practices · 2021. 5. 2. · 2019 Benchmarking . study of eDiscovery practices . for government agencies. Demographics. Volume of unstructured

2019 Benchmarking study of eDiscovery practices for government agencies

Demographics

Volume of unstructured data housed in different repositories continues to be one of the leading challenges agencies face year-over-year

201970%

Attorney

13%IT

Professional

4%Paralegal

6%RecordsManager

7%Other

201871%

Attorney

11%IT

Professional

6%Paralegal

3%RecordsManager

9%Other

201778%

Attorney

4%IT

Professional

8%Paralegal

2%RecordsManager

8%Other

What are your top three challenges in identifying relevant electronically stored information?

36% of respondents worked with more than a terabyte of data on a single case

Almost 60% of respondents have had to obtain data from mobile resources

68% of respondents feel that it is difficult to access and preserve data needed to respond to FOIA requests, and 73% believe the requests are used to bypass the legal discovery process or serve as a fact-finding mission before litigation is filed

Respondents believe upper management is exploring more advanced solutions to decrease risk, provide tools to make jobs more efficient, and to respond to increasing amounts of data

What is the largest amount of data in a single case you have had to work with?

Have you had to preserve, collect, or request data from mobile sources such as smart phones or tablets in any of your cases?

2019

59%Yes

41%No

2018

39%No

11%N/A

50%Yes

2017

44%Yes

47%No

9%N/A

15%Volume of data

15%Insufficient

time

15%Lack of

technology

10%Processing

multiple forms of

data

8%Obsolete or proprietary

data

19%Other

2018

18%Insufficient manpower

22%Volume of data

13%Insufficient manpower

12%Lack of

technology

12%Processing

multiple forms of data

9%Obsolete or proprietary

data

10%Other

12%Insufficient

time

10%No data map to ascertain where the

data is located

2019

26%Volume of data

19%Lack of

technology

11%Processing

multiple forms of

data

8%Obsolete or proprietary

data

4%Other

13%Insufficient

time

19%Insufficientmanpower

2017

39%Do not know

or N/A

36%More than a Terabyte

17%500 Gig

to a Terabyte

5%About

200 Gig

3%200 Gig

Are you able to access and preserve data sources needed to respond to discovery and FOIA requests?

How often do you see discovery documents that have already been produced in response to a FOIA request or other type of government request?

In your opinion what issues are driving upper management to explore more advanced electronic discovery solutions?

How often is the FOIA request used to bypass the legal discovery process or serve as a fact-finding mission before litigation is filed?

9%Always

54%Sometimes

8%Never

29%N/A

2017

9%Always

62%Sometimes

3%Never

26%N/A

2018

23%Always

50%Sometimes

0%Never

27%N/A

201911%Always

47%Sometimes

11%Never

31%N/A

2019

12%Easily

45%With some difficulty

23%Difficulty doing so

20%N/A

2019

10%Lower discovery

costs and decrease time

8%Increasing caseload

12%Increasing

amounts of data

18%Decrease risk

14%Provide tools to get the job done

22%Not looking for an eDiscovery

solution

6%Other

10%Do not know

or N/A

Ask us Patrick McCollochManaging DirectorDeloitte Transactions and Business Analytics LLP +1 703 236 [email protected]

Lauren Allen Managing DirectorDeloitte Transactions and Business Analytics LLP+1 703 236 [email protected]

Chris KnoxManaging Director Deloitte Transactions and Business Analytics LLP+1 512 498 [email protected]

This publication contains general information only and Deloitte is not, by means of this publication, rendering accounting, business, financial, investment, legal, tax, or other professional advice or services. This publication is not a substitute for such professional advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified professional advisor. Deloitte shall not be responsible for any loss sustained by any person who relies on this publication.

As used in this document, “Deloitte” means Deloitte Financial Advisory Services LLP, which provides forensic, dispute, and other consulting services, and its affiliate, Deloitte Transactions and Business Analytics LLP, which provides a wide range of advisory and analytics services. Deloitte Transactions and Business Analytics LLP is not a certified public accounting firm. Please see www.deloitte.com/us/about for a detailed description of our legal structure. Certain services may not be available to attest clients under the rules and regulations of public accounting.

Copyright © 2019 Deloitte Development LLC. All rights reserved.