Do you remember “Speed Racer”? (If so, you are old enough to remember Discovery when it was 100% paper based) He was unbeatable. Each two episode of adventure left us with a cliff hanger in which Speed would defeat evil, win the race and save the day (he already had the girl, Trixy).
What was most important tool of Speed’s persistence, excellence and victory? The Mach 5.
What a car! And what was the coolest part of the Mach 5? All of the things it could do: cut down trees, jump over cars and travel underwater, it was a technological marvel.
What was the brain of this car? The steering wheel of course.
Look at it. So simple, so elegant. Press “A” and he could activate auto jacks that could not only facilitate repairs but it would propel the car over the top of other cars and obstacles in the road. A fan favorite was the “C” button which would allow the Mach 5 to travel at amazingly high speeds through a forest, all without hitting a single tree. Of course pressing “G” would deploy the homing robot which could deliver messages anywhere. This steering wheel really was ahead of its time!
Why this trip down memory lane?
Let’s take a look at the real world. Below is a steering wheel from a modern Formula One car.
These steering wheels are amazing. They are so colorful (it looks like a version of Walt Disney’s Fantasia) and include controls for every imaginable function on the car, all from this single “control panel”. And understand that these controls have to be functional, effective and easy to operate by a human at speeds in excess of 200 mph!
Many legal professionals think eDiscovery is like the Mach 5 steering wheel. Press a button and Presto! Chango! Viola! “It happens”. (Defining what “It’ should be and the format to produce it is a constantly moving target)
The reality is that eDiscovery is much more like the modern Formula One steering wheel. It is complex, interrelated and difficult to operate according to the Discovery Rules which must be followed. You had better understand how pressing 1 button impacts the rest of the process, and how pressing several buttons simultaneously can skew your results. To properly process evidence you must use care, precision and have the experience to operate the options perperly. All of this while driving (under deadlines) down the road usually much faster than 200 mph.
The fact that the Formula One wheel does not have the ability to cut down trees or soar over other cars shows the practical reality of...well, reality. However, for the Mach 5 enthusiast, these buttons on the steering wheel represent expectations. Does the contemporary attorney wish for a “cutter” to chop down the forest of data while all the time moving forward towards the key evidence? You bet! Can it be done? Yes……but see the Formula One wheel above.
The technology can only function properly when it is in the correct, properly trained human hands. Technology without human interaction and understanding will produce nothing of value and might even be wrong, but it will be fast!
My favorite button? The “D” which stands for DEFLECTOR may be the feature you wish for most often during a stressful EDiscovery project. Inside the car, before the race starts, the driver is invulnerable. Once the starter flag drops, you are interacting with an entire field of race cars and drivers, all with different experience and expertise, making decisions that impact others at a very high rate of speed. Help relive this stress by putting together the right team for your litigation... People, Process and Technology!
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