eDiscovery Maturity

eDiscovery maturity explained

eDiscovery maturity describes an organisation's ability to effectively identify, collect, review, produce, and exchange electronic documents relevant to legal matters. These processes have evolved significantly over the past two decades with the rapid expansion of electronically created records and advanced technology solutions. Effective eDiscovery therefore requires not just legal expertise, but also a deep understanding of technological tools and data management practices. 
 

Why is eDiscovery maturity important?  

Through effective data governance – including the creation, archiving, and destruction of electronic records –  eDiscovery maturity ensures compliance with legal obligations, reduces costs, and mitigates risks of adverse court decisions. Both organisations and individuals involved in eDiscovery should strive for advanced maturity to navigate the complexities and demands of the process efficiently. A lawyer cannot ignore their responsibility for the decisions made and the outcomes of using technology: they need to understand the processes and ensure their clients do, too. 
 

What factors influence eDiscovery maturity? 

• Understanding technology: Knowledge of tools and processes involved in eDiscovery. 
• Experience: Prior exposure and proficiency in handling eDiscovery tasks. 
• Scalability: Capability to adapt to changing eDiscovery scopes. 
• Cost and risk management: Efficiently balancing expenses and risks associated with eDiscovery. 
• Vendor awareness: Familiarity with the marketplace for eDiscovery products and services. 
   

Trends and challenges in eDiscovery

Many legal departments still struggle to adopt technology. According to a 2021 Deloitte US survey, only 35% of respondents believed their team had good technology skills and 30% thought they were effectively leveraging technology. The rapid emergence of new technologies, such as Generative AI (Gen AI), presents further challenges and opportunities. In 2024, a global survey of corporate legal departments found that 74% foresee the use of Gen AI in document review and summary within two to three years. Organisations must assess their eDiscovery maturity to stay competitive and compliant in this fast moving landscape. 
 

Self-assess your organisation’s eDiscovery maturity

Understanding your eDiscovery maturity is crucial for optimising outcomes and minimising risks. Our eDiscovery self-assessment tool allows you to evaluate your organisation by examining access to technology, training, expertise, and awareness of innovations. By providing your details, you consent to being contacted by the Deloitte Discovery & Data Management team. Your details will not be used for any other purpose. 
 

Next steps

Assessing and improving your eDiscovery maturity is essential for leveraging technology effectively and ensuring compliance with legal requirements. For detailed insights, contact a member of our team using the details below.