IST Discover-E White Paper:

Advancements in eDiscovery ECA

With Kcura’s most recent 9.4 upgrade to add ECA and Investigations to their workflows, effectively becoming the market’s strongest platform for all stages of the EDRM.  It appears deft handling by innovative practitioners who have manipulated platforms into a single tool workflow have yet again positively influenced eDiscovery software capabilities.  However, the responsibility remains on PM’s to adopt and successfully apply the latest tools so that legal counsel and clients alike can realize the time and cost savings advantages of effective ECA strategies.



IST Discover-E’s innovative PM team has largely influenced effective ECA practices within Relativity software systems and is already a step ahead in implementing these practices within the latest ECA and investigations upgrades.



As it stands, the PM’s at IST Discover-E have offered a single tool workflow solution for several years keeping all work in Relativity eliminating fumbled data, extra fees for licensing or the need for additional specialists.


IST Discover-E’s application of ECA in Relativity (now with the most comprehensive reporting capabilities of anything on market today) is intended to be an adaptable, flexible and powerful tool that may be adjusted by PM’s or in-house counsel to meet the particular needs of their matter.  It can be applied in whole or part depending on dispute circumstances to conduct early, rapid and consistent analysis of a dispute to find the most effective resolution path geared toward limiting expense, serving business concerns and utilizing the most appropriate conflict resolution process.  At IST Discover-E, we have the expertise to work with our clients in a true partnership and adjust our solution to best fit their needs.


The IST Discover-E single tool workflow results in the following immediate benefits:

  • Data is housed centrally and can be re-accessed for multiple/additional matters as required.
  • Eliminates multiple processing and production charges.
  • Zero risk of unsecured, lost or damaged data – data is not copied from server to server.
  • No additional fees for transferring data between multiple systems.
  • The same Project Manager handles your data from start to finish.
  • 100% visibility of project progress.
  • Changing search/processing parameters is enacted immediately with accountability built-in.
  • Easy access to less-costly nearline storage data reserves.
  • Simplifies activities around pushing data to integrated Review system.

Before the term was co-opted by eDiscovery vendors, Early Case Assessment (ECA) was a concept that captured the essence of the trial lawyer’s craft. The term encapsulates all activity involved in quickly analyzing and synthesizing scattered evidence, collaborating on initial case strategy and formulating a litigation plan that will advance that strategy to successful resolution. In short, ECA encompasses the full skill set that an experienced litigator draws upon to seize the initiative and develop a proactive strategy for winning.


In practice, a scheme to comprehensively investigate a dispute within the first 60 to 120 days can be a challenge.  Specifically, when dealing with oceans of information in both the physical and digital space (not to mention the likelihood of having to coordinate multiple outside counsel).



Thus, to be truly effective, ECA is now a marriage of both process and technology.



Because ECA is so interwoven with other eDiscovery stages, we could drum-off the myriad tools from legal hold automation systems to managed review platforms that all play a part in ECA.  However, the primary focus of most eDiscovery platforms is project management, not developing litigation strategy.  The data these tools provide can become a distraction from learning the substantive issues in the case.



When early case assessment instead becomes early data assessment, your company’s litigation team has put the cart before the horse, and despite a flurry of activity, your company’s case will be going nowhere.



Cases are won by identifying clear litigation objectives and then building a litigation plan that is focused on achieving those goals.  Accordingly, the best eDiscovery platform must be designed to facilitate more informed and expedited decision-making at the early stages.  This is achieved by allowing comprehensive ECA activities to take place within a single eDiscovery software platform.


Until recently, innovative Project Managers (PM) have been fine-tuning and integrating disparate systems like Relativity, Nuix, Clearwell and many more in order to best support attorneys as they dig into matters to gain a holistic understanding of data before a case begins.


Talent Acquisition Team

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