The growth of data in business has led to companies generating, retaining, and storing vast amounts of data. According to a 2017 survey conducted by the Coalition of Technology Resources for Lawyers, “99% of respondents agreed that analytics will be indispensable to the practice of law over the next 10 years.”
Data has been playing an increasingly important role as evidence in litigation and is used as primary evidence in a wide variety of cases. Any company that becomes engaged in litigation today will have much more data that could be produced, in both volume and variety, compared to even a few years ago.
Often, it makes sense to retain a data analytics expert to interpret the electronic evidence as data is becoming such a crucial portion of the overall evidence. However, attorneys should be wary of taking a hands-off approach. In fact, attorneys should work closely with the expert to ensure that objectives are aligned. There are four key questions, detailed below, that attorneys should ask themselves and their experts as they navigate data production, analysis, and quality control.