We’ve all been there: we know we need to change our way of doing things but are stuck in the status quo. We tell ourselves if it isn’t broken, why fix it, because the thought of going through the difficulty of evolving often overshadows any benefits that might come with updating.
Those of us working in eDiscovery are no different. Even as digital information is constantly growing, file types changing, and processing and review costs continue rising, we hang onto outdated software that becomes more and more unstable with age—from limited processing capabilities, issues with filetype compatibility, or a lack of continued development and support.
Here are 5 reasons why continued use of unsupported legacy software is a ticking time bomb in your eDiscovery process.
1. Tech Support This is an obvious one. Using legacy eDiscovery software that is no longer supported by the company that created it is like driving a car with high mileage and no warranty: it may still run fine and get you from point A to point B, but when it breaks down, you’re on your own.
2. Operating System Support
As far as digital lifespans go, 5 years is a long time. If your legal team is using legacy eDiscovery software which was created for older versions of an OS, it could lead to issues if it’s no longer being supported to meet with scheduled OS updates. (For example, Microsoft released Windows 10 in 2015, which has had 7 additional versions updates since then, with various “end of service” dates scheduled in 2020).
3. File-type support
It’s no secret that data is growing exponentially each year, particularly in the corporate sector. From an eDiscovery standpoint, the challenge lies with the near-infinite number of file types (and variations within each type) in which data can live. Every program and application you use creates different file types: email, chat, social media, planning and content-creation tools, etc. Different versions of the same program or application create variations of those file types, and different formatting within each of those can create still more variations. From this perspective, it’s easy to see why a legal team needs software that is continually being updated in order to keep up with this growth.
4. Lack of advanced tools and analytics for today’s workflows
More and more, legal teams are looking to add the latest tools which increase the speed, accuracy, and efficiency of document search and review. If your team is using software that is no longer being developed or supported, you may be missing out on the latest innovations in Early Case Assessment (ECA), Technology-Assisted Review (TAR), and other advanced technology which allows your team to deal with larger datasets and take on more complex cases.
5. Difficulty meeting unique production requirements
FRCP Rule 34(b) states that a requesting party may specify the form or forms of ESI production, which are determined by the parties at Rule 26(f) “meet and confer” conference. The inability to meet unique production requirements due to outdated or unsupported software will result in having to turn to outside service providers to do the job for you, resulting in extra costs and added stakeholders, in order to meet the production deadline.
Functional Software isn’t a Long-Term Solution
It’s time to stop struggling with legacy eDiscovery tools. Look for a solution that allows you to easily migrate your existing data from legacy flat-file review databases while giving you scalability, flexibility, and advanced eDiscovery tools.