Given the central nature of litigation as a reason for organisations to adopt Information Governance, it is of little surprise that it features heavily within Law Firms. Today, the emphasis is on providing good stewardship of client information.
In addition, emerging trends such as the 24×7 Law Firm and the requirement for a more collaborative approach between all parties involved in the litigation process are joining constant business requirements to deliver high levels of service cost-effectively to clients.
Key Information Governance trends for Law Firms include:
Meeting evolving regulatory requirements
Meeting evolving regulatory requirements
Law Firms, more than most organisations, must ensure regulatory compliance – both in how they handle internal information and that of their clients. For example, firms in the US must ensure that they meet the security and protection requirements for organisations that store or access protected health information set out in the 2013 Health Information Portability and Accountability Act. Law Firms must comply with regulations governing both the legal industry and the industries of their clients. Law Firms require at a minimum, centrally controlled policies for the management of information both inside and outside the firm.
Big Data & eDiscovery
It is possible to think of large Law Firms as massive information storehouses. They must be able to efficiently analyse the value of information and mitigate the risk of the data they collect. Exploiting Big Data can help firms improve the quality of the services they offer, improve profitability and reduce the cost, time and risk involved in areas such as eDiscovery.
Firms are looking to deploy automatic classification and coding systems – such as Predictive Coding – to gain full control of all structured and unstructured data and set up Information Governance procedures to manage and secure all the information locked in emails and electronic documents that may be required during eDiscovery.
Information sharing and collaboration
In the UK, the Jackson Report has focused on improving the efficiency and driving cost from the early discovery process. The onus is on all parties to collaborate and communicate effectively. This is not just between the Law Firms and their clients but the judge who now has more power to manage the discovery process. Collaboration and information sharing is also a key element of working with outside counsel.
The ability to meet evolving client demands and contractual obligations of appointing outside counsel can affect a firm’s ability to win or retain business. A growing trend is the Information Governance implications of Lawyer and Matter Mobility where lawyers, clients and information moves from firm to firm. Today, a Law Firm needs to manage all its information so that it can set and closely monitor the priority level and access rights for any piece of information – especially as it travels back and forth through the corporate firewall.
Towards the 24×7 Law Firm
With client demand for constant access to information, more Law Firms are establishing a 24/7 model where lawyers are equipped with the resources and information they need whether in the office, on the move or at home. The result is that more confidential information resides outside the office and, often, on devices that the firm has little direct control over. Information Governance is required to manage both remote information and the devices on which it resides. Information security and data privacy are paramount concerns but this has to be balanced with the flexibility the lawyer requires and the access the client demands.
More than most, Law Firms appreciate the absolute necessity to mitigate the risks and costs of poor information management. Today, more are discovering the their Information Governance programme can help to improve the way they work – both internally as well as with clients and other Law Firms.
