Part II: A Smarter Approach to eDiscovery — Controlling Complexity Before It Controls You

The first part of this series outlined the storm, this part is about building the shelter.

Corporate legal departments can no longer afford to approach discovery reactively. The volume of data, rising litigation costs, and tactical use of eDiscovery by opposing counsel demand a shift: one where discovery becomes more than a compliance obligation and instead serves as a strategic advantage.

Forward-looking legal teams are reimagining their approach to litigation and discovery by streamlining workflows, reducing risk, and controlling spend, without sacrificing defensibility.

These four strategies can help control the chaos:

1.  Process: Consistency Drives Control

Complexity thrives in disorganization. Far too often, discovery scoping varies from case to case, driven by individual preferences rather than standardized best practices. That leads to missed opportunities for efficiency and compounds risk across portfolios.
Implementing a standardized, repeatable discovery scoping process across your legal department, outside counsel, eDiscovery team, and vendors is key. This process should include:

  • Defined workflows and criteria for evaluating custodians and data sources.
  • Early custodian assessments based on the claims and defenses of the matter, not just generic custodian questions.
  • Centralized, comprehensive documentation from day one, not month six.

Process maturity reduces downstream complexity and gives legal teams a stronger foundation for negotiations, strategy, and budget control.

2.  Early Learning: Shift Left on the EDRM

Too many legal teams wait until discovery deadlines loom, before diving into the data. That’s too late. Focus instead on early assessment and gaining insights, long before collection or review begins.

This means:

  • Engaging custodians early to gather information that guides collection decisions and provides more insight into the story of the case.
  • Ranking custodians and data sources based on potential relevance and burden, so negotiation, collection, and review efforts are focused where they matter most.
  • Exploring data using index-in-place technologies to glean a better understanding of the case while eliminating irrelevant data, before collection.
  • Reusing knowledge from recurring custodians or repeat litigation types, creating internal discovery intelligence.

Proactive scoping on the left side of the EDRM provides strategic insights when they matter most — before decisions are made that lock you into costlier paths.

3.  Technology: Don’t Just Review — Preempt

The legal industry has long lagged behind others in adopting modern technology. But that’s starting to change, especially with the rise of AI. While traditional eDiscovery tools were built for post-collection processing and document review, legal teams now have access to tools that enable smarter decisions earlier in the process.

  • Discovery scoping platforms like Evidence Optix are reshaping how legal teams scope discovery.
  • Index-in-place, AI, and analytics can identify high-value documents, highlight relevant issues, and help prioritize data intelligently.
  • Dashboards and reports help align legal strategy with proportional discovery obligations and budgets.

That said, not all technology is created equal. Make sure you have the right tools in your toolbox and understand the limitations of specific platforms, especially those that overpromise AI capabilities or fall short on eDiscovery requirements.

4.  Early Case Strategy: Align Discovery with Legal Goals

Too often, discovery is treated as a procedural checkbox. But that mindset causes disconnects between legal strategy and operational execution.
Don’t just assess the data, align it with your case strategy.

  • Move beyond “Early Case Assessment” or “Early Data Assessment” toward Early Case Strategy. Yes, there is a difference, and it is critical.
  • Use early insights to influence whether to settle, how to negotiate scope, or how to allocate resources.
  • Avoid overcollection by applying more strategic discovery scoping approaches to build stronger arguments for reasonableness.

This alignment transforms discovery from a reactive obligation into a strategic advantage.

When discovery is aligned with case objectives, legal teams gain leverage and avoid the trap of collecting first, thinking later.

Toward a Smarter, More Strategic Future

Litigation complexity isn’t going away. But your approach to discovery doesn’t have to remain stuck in outdated practices.

Corporate legal departments must ask:

  • Are we still collecting first and strategizing later?
  • Are we making informed, documented decisions about custodians and data sources early in the process?
  • Are we still relying on broad, reactive approaches to data preservation and collection?
  • Are we using technology to reduce complexity?
  • Do we treat discovery as a compliance function or a strategic opportunity?

By focusing on early learning, process discipline, and strategic use of technology, legal teams can do more than just reduce costs and burden — they can gain an advantage in litigation.

Discovery doesn’t have to be complex and chaotic. It can be simpler. And it can be yours to control.