In mid-2018, almost every single employee in almost every country in the world has the equivalent of a 1990s supercomputer in their pocket (or handbag). Think about that for a second. A mobile smartphone can now store as much critical information as an email server. In fact, sometimes more. From Facebook to Instagram, virtually every app a person uses is being used to collate data about them. And despite the bad press regarding how and for what purpose personal data is being harvested (think Cambridge Analytica), the horse has well and truly bolted on this issue. Despite the #DeleteFacebook movement, 2.19 billion people have a Facebook account, and Gmail boasts more than 1 billion users.
The effect of mobile on eDisclosure will revolutionise where discovery data is located and how it is collated. This presents an even greater task for law firms managing disclosure in civil litigation matters, especially given that many are still grappling to manage disclosure and costs around email. Mobile data adds a whole new layer to eDisclosure mapping, preservation and collection, and this is likely to dominate the minds of Litigation Support Managers over the next few years.
A Litigation Support Manager at an international firm, states that part of the problem litigation departments face when it comes to managing disclosure stems from failing to educate their clients on the Electronic Discovery Reference Model (EDRM) at the outset of their case, because: a) They themselves are not up-to-date with the framework, and b) The focus is usually on achieving an early settlement, meaning eDisclosure is left until the last minute.