By Rebecca James, Esq., Program Manager, Fios, Inc.
Last month, lawyers opined on the value of e-discovery certification. There was skepticism and a lack of consensus on the importance of credentialing, but minds were generally open to this growing trend.
This month, litigation support leaders weighed in. Responses ranged from "No comment – firm policy" to "If all other things are equal, then I might give preference to a candidate who is certified." Though not as skeptical as the lawyers, technology professionals also lack consensus about the need for certification in e-discovery, who should do the certifying and what defines competence.
Both lawyers and non-lawyers, however, agree there should be a clear industry standard for e-discovery processes, principles and practices.
The potential benefits of e-discovery certification
Rob Robinson, a widely known commentator on e-discovery, brings up a good point: As in other professions, in e-discovery establishing a baseline of knowledge allows for common reference points of understanding among participating professionals. This baseline of knowledge appears to be a critical element to the growth and success of professions, because it enables clear and concise communication and coordination, thus providing the means for the efficient solving of problems and accomplishing of tasks. In the relatively young field of e-discovery there have already been many efforts to establish and validate a baseline of knowledge on areas of expertise. Certification can help industry professionals build a common frame of reference.
Scott Cohen, Director of Litigation Support at Winston & Strawn LLP, believes certification is helpful and even necessary, especially in light of e-discovery's status as an emerging industry where two complex disciplines, technology and law, intersect. He points to a similar state of affairs10 years ago, when the need for certification in the field of litigation support was becoming apparent. Cohen notes that certification can be useful in demonstrating an individual's baseline level of knowledge and is helpful to the profession because it increases awareness of the need for education and the importance of keeping up with new developments.
Are certifications valuable?
Last month, board-certified litigation attorney, Craig Ball candidly stated his skepticism: "It's not that I think that certifications have no value. But they don't demonstrate expertise any more than a driver's license proves you're ready to run the Indy 500." In a guest comment, Jonathan Wiley agreed with appropriateness of that analogy, but he added that certification is useful in establishing at least a basic level of competence: "One could reasonably argue that you certainly wouldn't want to hire a driver (taxi/bus/limo) without a driver's license."
On the other hand, there are many people with driver's licenses who have accidents, notes an e-Discovery specialist at a large energy company. He recalls when Microsoft developed its Microsoft Certified Systems Engineer (MCSE) certification program, at which point many schools and training centers opened with guarantees that participants would pass the certification exam after completing their course. Students may have passed, but the IT market eventually became flooded with certified technicians with no experience. In principle, it's not a bad thing to have certification, but it means little without real world experience. By itself, a driver's license does not replace practice on the road.
Wiley anticipates that a certification credential for non-attorneys will soon be preferred by employers and clients. An e-discovery certification shows that a practitioner has taken it upon herself to seek further education and acquire additional expertise, and has met a minimum standard of competence. Whether or not certification is the ultimate answer, most of us can agree that more education is a dire necessity as e-discovery trends and technologies evolve. In the words of Ralph Losey, "There is a huge need to learn and there is room for all."
The unabashed advocate
Mike Quartararo, Director of Litigation Support at Stroock & Stroock & Lavan LLP, has been an advocate of professional certifications throughout his career. His real passion for it was ignited a few years ago when he developed an interest in project management certification from Project Management Institute (PMI). At the time, project management certification was new in the legal market and many firms did not support it. But ultimately he pursued it on his own, investing in the course and exam.
Today, Quartararo notes, project management certification is the "gold standard" across many industries. If other industries have standardized work processes and common approaches, he asks, why not apply the same principles to e-discovery? He has been on a mission to standardize litigation support in his law firm and across the industry. He believes greater efficiencies can be reached through standardization. Echoing Losey, Quartararo thinks certification programs can advance broad educational objectives and a common terminology, and from that standpoint "there is room in the industry for everyone."
What's relevant and valuable?
Leigh Isaacs, Director, Records & Information Management at Orrick, occupies a middle ground between advocacy and skepticism. "From a records/information management standpoint, I think that certain certifications hold value. One increasing trend I see, though, is the proliferation of various certifications – especially in the areas of e-discovery and information governance – leaving it difficult for people to understand what's relevant and valuable and what isn't." What's valuable can be in the eye of the beholder.
Isaacs gives the example of the increasingly popular certified records manager (CRM) certification, for which she is currently studying. "It is rare anymore," says Isaacs, "that you see any job posts for senior-level positions that do not require it. As a current CRM candidate myself, I realize that some of the content is attenuated from the work I am doing in my current job. Nevertheless, I will continue to invest in the certification because it is highly recognized (therein adding professional value)."
If you are considering pursuing a certification, Isaacs suggests that you ask yourself the following questions before jumping in:
- Is the organization offering the certification reputable, well-known and respected within the industry/field in which you work?
- Does the content match your short-term and long-term professional/personal objectives?
- Are the costs and time commitment commensurate with the benefits, whether they take the form of professional prestige, increased knowledge or both?
- Will certification significantly distinguish you from others in your field, or give you the tools to enter a new field?
While Isaacs does not advocate pursuing certification just because others are doing so, she does think it is important to pay attention to what industry leaders are saying. Last month, Patrick Oot also advised certification seekers to examine the perceived value in the community before proceeding.
Leadership in e-discovery may not yet place great weight on certifications in their hiring decisions, but that may change over time, especially as demonstrated value increases. Remember, five years ago CRM was new and not wildly popular; now it is an industry standard. The question is likely not "if" e-discovery certification will become mainstream but "when" – and, at some point, those letters after your name could be a differentiator in a close selection decision. Yet Oot cautions attorneys to be careful about touting certification credentials on websites and e-mail signatures because some state bar associations prohibit members from engaging in that practice.
Credentialing organizations
Who should provide e-discovery certifications?
When we polled litigation support professionals about who they thought should be providing credentialing certification in e-discovery, the answers varied widely and lacked consensus. Some mentioned academic institutions, others mentioned current associations offering certification and still others mentioned state bars or were simply unsure who would be appropriate.
When a slightly different question was posed to the same group, the answers came quickly and without much controversy. Who provides quality educational content in e-discovery? The Sedona Conference and Georgetown Law School consistently placed among the top responses. EDRM was also frequently mentioned. While these organizations are established and well-respected, none currently offers certification. Who, then, are the credentialing organizations?
The Association of Certified E-Discovery Specialists (ACEDS) has developed and launched a Certified E-Discovery Specialist (CEDS) examination. The Organization of Legal Professionals (OLP) is currently developing and planning to launch their examination. The Association of Litigation Support Professionals (ALSP) has indications that they, too, are embarking on the certification mission. In addition, there are several software-specific vendor certification programs, and possibly others waiting in the wings to make an entrance this fall.
Next month, in the third and final part of this series, we will hear from the leaders of the credentialing organizations and take a look inside the e-discovery certification programs. We will explore the available industry education resources and the specific guides and manuals used to support exam readiness. We'll also walk through the process of registering, preparing for and taking the certifications examinations, as well as keeping the certification current.