Insights Articles

eDiscovery has become a critical part of modern litigation – but it’s also one of the most complex. Even experienced litigators can stumble when navigating evolving data types, shifting regulatory standards, and tight production deadlines. For new attorneys or lean legal teams, the risks of getting it wrong are even higher. 

At Array, we’ve seen how even small eDiscovery missteps can lead to missed deadlines, blown budgets, or worse – compromised outcomes in court. Fortunately, these risks are avoidable with the right knowledge, tools, and support. Below are five of the most common eDiscovery mistakes, along with practical tips on how to prevent them. 

1. Failing to Plan Early (or at All) is Planning to Fail

Many legal teams wait until discovery requests land to begin thinking about how they’ll manage electronic data. But by that point, you may already be behind. Without a clear plan in place, teams can fall into reactive mode – leading to rushed collections, overbroad processing, and ballooning costs. 

How to Avoid It:

Build a defensible eDiscovery plan during the early stages of litigation. Engage your internal legal operations team or eDiscovery partner at the outset to identify custodians, data sources, key dates, budgets, risk tolerances and potential technical challenges. Clear planning lays the foundation for efficient legal workflows down the line. 

2. Over-Collecting or Under-Collecting Data

Some teams err on the side of collecting everything, which leads to excessive processing and review costs. Others take a too-narrow approach, risking spoliation claims, unplanned costs for “going back to the well” or the omission of key evidence. 

How to Avoid It:

Work with experts to scope collections appropriately. Use targeted criteria – such as date ranges, file types, and custodial restrictions – to capture the potentially relevant or unique data. Collection strategies should be customized to the matter, not copied from past cases. A balanced approach protects against both overexposure and underproduction.

3. Ignoring the Role of Emerging Data Sources

Slack messages. Microsoft Teams chats. Cloud-stored documents. Voice-to-text memos. Hyperlinked attachments. Today’s evidence isn’t just emails and PDFs – data can be scattered across multiple platforms, formats, and devices. Legal teams that focus only on traditional file types risk missing crucial information. 

How to Avoid It:

Stay current with evolving data trends. When building discovery plans, ask custodians about how they communicate. Your eDiscovery partner should be able to advise on how to defensibly collect and review these sources. Missing key data types is one of the most underestimated eDiscovery mistakes – especially for new attorneys still learning the digital terrain. Make sure to also clarify the full scope of the collection.  Asking for “all messages from a phone” may mean something different to you than it does to an industry expert since messages can be SMS, MMS, iMessages or even direct messages from applications like WhatsApp or Facebook.  Each of these message types may require a different collection approach.

4. Mismanaging the Review Process

Review is often the most expensive phase of eDiscovery, and inefficiencies here can quickly spiral. Poor batch organization, unclear tagging instructions, or lack of quality control can lead to inconsistent results and unnecessary legal workflow bottlenecks. 

How to Avoid It:

Standardize your review protocols. Use analytics up front to prioritize documents and reduce the overall review set. Provide clear guidance and training for review teams, especially when using contract attorneys or offshore resources. Don’t underestimate the value of experienced project managers who can monitor reviewer performance and ensure accuracy throughout. Test and adopt Technology Assisted Review applications that can be layered with the human review component to greatly improve consistency, accuracy and reliability of the review process.

5. Assuming Technology Will Solve Everything

Technology is a powerful enabler – but it’s not a substitute for strategy. Relativity, DISCO, and other advanced platforms can streamline processes, but only if they’re configured correctly and aligned to the goals of your case. Misapplied technology can actually introduce delays, errors, or unnecessary costs. 

How to Avoid It:

Match tools to your matter’s needs, and ensure your team understands how to use them effectively. Work with an experienced provider who can help customize platforms and workflows to your specific case and ensure that the platforms can scale if the case grows. Technology is only as good as the people and processes behind it.

Final Thoughts

Avoiding these five eDiscovery mistakes doesn’t just save time and money – it helps legal teams build defensible strategies and deliver better outcomes. For new attorneys, the learning curve can be steep, but the right support can make all the difference. 

At Array, we partner with law firms and corporate legal departments to simplify the eDiscovery process, eliminate errors, and keep matters on track. Our end-to-end solutions are built around efficiency, transparency, and expert guidance – so your team can focus on what matters most: winning the case. 

Whether you’re navigating discovery for the first time or looking to improve how your team handles it, we’re here to help. 

Let’s talk about how to build stronger legal workflows and avoid costly mistakes – before they happen.