Embracing Evidence as Data (Instead of Documents) in eDiscovery

Embracing Evidence as Data (Instead of Documents) in eDiscovery

The legal industry has traditionally approached discovery with a document-centric mindset, even as digital evidence has evolved beyond static files. Today, electronically stored information (ESI) includes dynamic data sources such as text messages, chat logs, cloud-based collaboration tools, and enterprise databases. However, according to an eDiscovery Today article by Richard Sayles, treating these as documents by converting them into PDFs or static files strips them of their native structure, reducing their analytical value. To optimize eDiscovery workflows, Sayles suggests legal teams must shift their perspective and treat evidence as data rather than documents.

The article notes that the shift toward cloud-based solutions and structured databases is why a document-first approach is insufficient. Enterprise applications like Salesforce store critical business information in relational databases, not traditional documents. Similarly, text messages, often classified as unstructured data, actually reside in structured SQLite databases on mobile devices. When legal teams extract these messages into rigid document formats, they lose critical metadata and conversational context, making review and analysis less efficient.

By preserving evidence in its native structured format, Sayles says firms can leverage advanced analytics, AI-driven insights, and visualization tools to streamline discovery. Structured data enables faster, more precise searches, enhances compliance tracking, and facilitates automation, reducing costs and improving accuracy. The ability to link datasets, such as email metadata with HR records, provides deeper investigative insights that a document-based approach cannot achieve.

Managing partners should recognize that embracing an evidence as data approach to discovery enhances efficiency, accuracy, and strategic decision-making, ensuring legal teams fully harness the evidentiary power of digital assets.