In the world of litigation, discovery can make or break a case. Lawyers on both sides need a way to effectively manage vast amounts of documents, evidence, and information between parties.
With the advent of cloud storage, popular file-sharing applications are common in various fields, including law. However, litigators must exercise caution and consider specialized software designed explicitly for managing documents during litigation.
This article will explore why litigators should avoid popular file-sharing applications during discovery and opt for tailored solutions that cater to their unique needs.
Confidentiality and Data Security
During discovery, litigators handle sensitive and confidential information such as client documents, intellectual property, health and financial records, and other privileged communications.
Popular file-sharing applications do not always provide the robust security measures necessary to safeguard this data adequately. Hackers and unauthorized individuals can exploit vulnerabilities in these platforms, leading to data breaches and potentially devastating consequences for the case and the parties involved
Specialized discovery software that is purpose-built for legal application, on the other hand, is designed to prioritize confidentiality and data security. These solutions often feature advanced encryption protocols, user access controls like mandatory two-factor authentication, and data storage in secure cloud environments compliant with industry standards and regulations.
Ownership and Access
When using popular cloud file-sharing services, account ownership issues can be a significant problem for law firms when transitioning cases from one lawyer to another. During these handovers, accessing critical client information and legal documents can be challenging if the departing lawyer is the original account owner.
Complications with account transitions can lead to potential delays in accessing essential files. Moreover, if the departing lawyer's account is deactivated or deleted, crucial data could be lost, affecting the quality of representation and causing compliance concerns.
To avoid these issues, law firms should look for document management software that allows ownership and access to be handled at the account level and cases to be easily transferred or reassigned, ensuring a seamless transition of responsibilities and preserving data integrity.
Compliance with Legal and Ethical Standards
Legal professionals are bound by strict ethical guidelines and legal standards governing the handling and exchange of information during discovery. Using generic file-sharing applications may inadvertently lead to non-compliance with these requirements, jeopardizing the integrity of the case and exposing the litigators to ethical and legal challenges.
Specialized discovery software is developed with a keen understanding of relevant legal and ethical parameters. These tools are designed to facilitate adherence to the rules of discovery, including proper handling of privileged information and the preservation of metadata, which ensures litigators remain compliant throughout the process.
Collaboration and Version Control
Discovery frequently involves collaboration among legal teams, experts, and clients. Generic file-sharing applications do not typically provide the specialized collaboration tools to effectively manage and maintain the chain of possession for documents and amended versions of documents such as depositions and witness statements.
Specialized discovery software prioritizes seamless collaboration, providing all parties with controlled access to specific documents. Specialized platforms will remove the ability to delete files, improving teamwork, reducing confusion, and minimizing the risk of errors or accidental data loss.
Cost
While these platforms may offer free plans with limited storage, law firms often require substantial storage space to accommodate the volume of legal documents and client data they handle. As a result, law firms may need to upgrade to premium or business plans, incurring monthly or annual subscription fees per user.
Additionally, as the number of users within the firm grows, so do the per-user subscription costs, which may exceed $40 per user per month. The expenses can escalate significantly, with each user requiring access to shared files. Moreover, some law firms may opt for additional features or add-ons to enhance collaboration or security, further driving up subscription expenses.
Over time, these cumulative costs can become a significant financial burden, making it prudent for law firms to explore specialized and cost-effective alternatives designed explicitly for legal professionals.
Related Content: How LitX Transforms Document Management and Sharing
Conclusion
While popular file-sharing applications may serve general purposes, they are not well-suited for the unique and demanding requirements of discovery in the legal field. The risks of compromised confidentiality, data breaches, non-compliance with legal standards, and limited functionalities make these applications unsuitable for litigators.
Specialized discovery software, purpose-built for the legal profession, provides the necessary tools to ensure data security, compliance, efficient document management, collaboration, and automation. By adopting specialized solutions, litigators can streamline their discovery process, strengthen their cases, and uphold the highest standards of professionalism and ethical conduct.
