Thu. Apr 18th, 2024

Content Assessment: From Caution to Confidence: Unpacking the eDiscovery Business Climate in the Spring of 2023

Information - 93%
Insight - 94%
Relevance - 95%
Objectivity - 94%
Authority - 96%

94%

Excellent

A short percentage-based assessment of the qualitative benefit of the recent post highlighting aggregate observations of ongoing industry confidence in the eDiscovery business.

Editor’s Note: The recent Spring 2023 eDiscovery Business Confidence Survey provides insights into the impact of key issues on the eDiscovery industry. However, to gain a comprehensive understanding of these issues and their potential influence on the business of eDiscovery, it is essential to consider the results collectively, taking into account the findings of all surveys administered to eDiscovery professionals since the survey’s inception.

Launched in January 2016, the eDiscovery Business Confidence Survey has been conducted thirty times, amassing a total of 3,014 individual responses. The latest iteration of the survey, carried out in Spring 2023, gathered responses from 75 participants. By presenting recent results in conjunction with past survey findings, this update aims to shed light on the evolving trends and challenges within the eDiscovery industry, empowering professionals to make informed decisions and address these issues effectively.


Results Summary: Between winter and spring of 2023, the eDiscovery industry experienced a significant shift towards optimism. This shift is evident in the sentiment surrounding the business climate, revenue, and profit expectations. When it comes to the business climate, spring 2023 saw a remarkable increase in positive sentiment. The percentage of respondents rating the business climate as “good” increased from 36.90% in winter to 57.30% in spring. This change represented a major shift from the “normal” rating, which was the majority view in winter at 56.90%, but decreased to 36.00% in spring. Future business climate expectations also showed a mild increase in optimism. The percentage of respondents expecting a “better” business climate in the upcoming six months increased from 29.20% in winter to 34.70% in spring. In terms of revenue expectations, optimism saw a significant rise from winter to spring. The percentage of respondents expecting higher revenues in the next six months increased by nearly 16 percentage points, from 32.30% in winter to 48.00% in spring. This optimism was echoed in profit expectations, where the percentage of respondents anticipating “higher” profits surged from 23.10% in winter to 40.00% in spring, marking an almost 17 percentage point increase.

Industry Report

The Business of Discovery in the Spring of 2023 Aggregate Results

ComplexDiscovery*

The eDiscovery Business Confidence Survey is a non-scientific, quarterly survey aimed at providing insights into the business confidence levels of professionals working within the eDiscovery ecosystem. The survey is comprised of nine core multiple-choice questions centered around factors related to the creation, delivery, and consumption of eDiscovery products and services. Additionally, the survey features three optional questions focused on the business operational metrics of days sales outstanding (DSO), monthly recurring revenue (MRR), and revenue distribution across customer bases.

Specific survey questions include:

  • Which of the following segments best describes your business in eDiscovery?
  • How would you rate the current general business conditions for eDiscovery in your segment?
  • How do you think the business conditions will be in your segment six months from now?
  • How would you guess revenue in your segment of the eDiscovery ecosystem will be six months from now?
  • How would you guess profits in your segment of the eDiscovery ecosystem will be six months from now?
  • Of the six items presented below, what is the issue that you feel will most impact the business of eDiscovery over the next six months?
  • In which geographical region do you primarily conduct eDiscovery-related business?
  • What area best describes your primary function in the conduct of your organization’s eDiscovery-related business?
  • What area best describes your level of support in the conduct of your organization’s eDiscovery-related business?
  • How would you characterize the trajectory of your organization’s Days Sales Outstanding (DSO) during the last quarter?
  • How would you characterize the trajectory of your organization’s Monthly Recurring Revenue (MRR) during the last quarter?
  • Which of the following statements best describes the distribution of your organization’s revenue across your customer base during the last quarter?

The most recent survey was conducted in Spring 2023 and garnered responses from 75 participants with roles spanning executive leadership (44.0%), operational management (28.0%), and tactical execution (28.0%). Industry segments represented in the survey include law firms (36.0%), software and service providers (33.3%), consultancies (10.7%), corporations (8.0%), media and research professionals (6.7%), and others (5.3%). Government entities did not participate in the survey.

Based on the aggregate results of thirty surveys, the following findings and charted overviews of responses to survey questions may help in understanding the collective mindset of many industry experts regarding the business of eDiscovery.

Survey Observations

Observations on Current Business Climate (Charts 1)

The business sentiment in the eDiscovery industry experienced a significant shift between the winter and spring of 2023. This shift, as indicated by the percentages of respondents rating the general business climate as either good, normal, or bad, demonstrated a marked increase in optimism in the spring.

In the winter of 2023, the sentiment was mostly cautious, with a total of 65 respondents participating in the survey. Here, the majority, or 56.90%, described the business climate as “normal,” indicating a somewhat stable yet not overly enthusiastic perspective on the business climate. This was followed by a substantial 36.90% who saw the conditions as “good,” showing that there was still some degree of positivity and promise in the market. Only a small minority of 6.20% rated the situation as “bad,” pointing to a relatively low level of pessimism in the industry during this period.

As the season turned to spring in 2023, there was a notable change in the sentiment. A total of 75 respondents took part in the spring survey, and the majority perspective shifted dramatically. Over half of the respondents, precisely 57.30%, rated the general business climate as “good.” This marked an approximately 20 percentage point increase from the winter survey, highlighting a growing optimism in the industry. The portion of respondents who perceived the situation as “normal” reduced to 36.00%, suggesting a decrease in neutrality and a tilt towards a more positive outlook. Meanwhile, the percentage of those rating the business climate as “bad” remained more or less stable, rising slightly to 6.70%.

The shift from winter to spring 2023 in the eDiscovery industry saw a significant rise in positive sentiment regarding the general business climate, with an increase in those rating it as “good” and a corresponding decrease in those rating it as “normal.” This suggested growing confidence in the industry despite a stable percentage of respondents maintaining a negative perspective.

Observations on Business Climate in Six Months (Charts 2)

The eDiscovery industry’s outlook on the future business climate six months ahead experienced a slight shift between the winter and spring of 2023. As illustrated by the percentages of respondents predicting the business climate as either better, the same, or worse, there was a mild increase in optimism by springtime.

In the winter of 2023, out of the 65 respondents, a majority of 64.60% anticipated the business climate to remain the “same” in the following six months. This represented a significant portion of respondents maintaining a status quo outlook, suggesting a sense of stability, albeit without strong prospects for improvement. However, a notable 29.20% of respondents projected a “better” business climate, indicating a layer of hope and positivity within the industry. In contrast, only 6.20% of the respondents anticipated the situation to get “worse,” demonstrating a low level of pessimism.

By the spring of 2023, the industry sentiment showed a subtle yet significant shift. The survey, with 75 respondents, revealed a small increase in optimism. Specifically, those who expected a “better” climate in the following six months rose to 34.70%, a rise of about 5.5 percentage points from the winter survey. At the same time, those who expected the climate to stay the “same” decreased slightly to 61.30%, suggesting a mild decrease in neutrality and a lean towards a more hopeful perspective. Encouragingly, the proportion of respondents who anticipated a “worse” scenario decreased to just 4.00%, indicating a further reduction in negativity.

The comparison between winter and spring 2023 indicates a mild increase in optimism for the future among the eDiscovery industry, with a higher number of respondents expecting a “better” business climate in the upcoming six months. While the majority still expected conditions to stay the “same,” the number of pessimistic respondents expecting a “worse” scenario diminished, pointing to an overall positive trend in industry sentiment.

Observations on Revenue Expectations (Chart 3)

The eDiscovery industry experienced a significant shift in sentiment regarding revenue expectations from winter to spring of 2023. This shift is reflected in the percentage of respondents who believed that revenues would be higher, the same, or lower over the next six months.

In the winter of 2023, the survey, which included 65 respondents, showed that the majority, 56.90%, expected their revenues to stay the same over the next six months. This indicated cautious optimism within the industry, as most businesses did not foresee significant growth or decline in their revenue. However, there was a notable segment, 32.30%, that predicted higher revenues, suggesting a level of confidence in the potential for growth. On the contrary, a relatively small percentage, 10.80%, anticipated lower revenues, indicating some underlying concerns or uncertainties.

Moving into the spring of 2023, the sentiment shifted markedly. With 75 respondents now partaking in the survey, there was an increase in both optimism and caution. The percentage of those expecting higher revenues surged to 48.00%, indicating rising confidence in the potential for growth. This was a significant increase of nearly 16 percentage points compared to the winter survey.

However, the percentage of respondents expecting their revenues to stay the same decreased considerably to 44.00%, indicating a shift away from the neutral stance that was dominant in the winter survey. This could be attributed to a sense of greater certainty about future revenue trajectories, whether positive or negative.

Interestingly, the percentage of respondents expecting lower revenues also decreased slightly to 8.00%, suggesting a slight decrease in concerns or uncertainties about future revenues.

The shift from winter to spring 2023 in the eDiscovery industry saw a significant increase in optimism, with more respondents expecting higher revenues in the next six months. However, there was also a noticeable decrease in neutrality, indicating that businesses were more decisive about their future revenue prospects. Despite these changes, the level of concern, as indicated by those expecting lower revenues, remained relatively stable, albeit slightly lower.

Observations on Profit Expectations (Chart 4)

The eDiscovery industry’s projections for profit performance over the next six months experienced a significant transition between the winter and spring of 2023. Based on the percentages of respondents anticipating profits to be higher, the same, or lower, there was a visible shift towards a more positive outlook by spring.

In the winter of 2023, among the 65 respondents, a majority of 64.60% anticipated their profits to remain the “same” in the upcoming six months. This suggested a largely neutral sentiment, with most businesses foreseeing stability in their profitability. However, a respectable proportion of 23.10% were more optimistic, expecting “higher” profits, indicating some level of confidence in improved performance. On the other end of the spectrum, a minority of 12.30% predicted “lower” profits, reflecting a degree of pessimism or concern among some industry participants.

By the spring of 2023, there was a noticeable shift in industry sentiment. Out of the 75 respondents in this period, a significant 40.00% anticipated “higher” profits in the next six months, marking an almost 17 percentage point increase from the winter survey. This demonstrated a substantial surge in optimism regarding profitability among eDiscovery businesses.

Conversely, those expecting their profits to stay the “same” decreased to 48.00%, indicating a reduction in neutral expectations. Meanwhile, the proportion of respondents expecting “lower” profits marginally decreased to 12.00%, showing a minor decrease in negativity or concern.

The transition from winter to spring 2023 in the eDiscovery industry was marked by an increase in optimism regarding profit expectations, with a growing number of respondents anticipating “higher” profits. While a large number of respondents still expected steady profitability, the number of pessimists expecting “lower” profits remained stable, albeit at a slightly lower level. This suggests an overall positive trend in profit expectations among eDiscovery businesses as they moved into the spring of 2023.

Observations on Business Impact Factors (Chart 5)

In the spring of 2023, 33.3% of respondents viewed increasing types of data as potentially having the greatest impact on their business in the next six months. This percentage is the highest of all concerns in the spring 2023 survey. This percentage is also the second-highest rating in the area of increasing types of data concerns since the inception of the survey in the winter of 2016. This substantial increase from 13.8% in the winter survey highlights the challenges organizations face in managing and analyzing diverse types of structured and unstructured data. 

Budgetary constraints continued to be a reasonably consistent concern for eDiscovery professionals, with 21.3% of spring 2023 survey respondents viewing budgetary constraint challenges as potentially having a substantial impact on business in the next six months. This was a solid decrease in this area from the 32.3% response rate in the winter 2023 survey. While the percentage of respondents concerned about budgetary constraints has decreased in the last quarter, it still remains a top concern for businesses, and organizations must allocate resources strategically to effectively tackle this ongoing issue. 

Increasing volumes of data continued to be a reasonably consistent concern for eDiscovery professionals, with 16.0% of spring 2023 survey respondents viewing data volume challenges as potentially having a substantial impact on business in the next six months. This was a measured decrease in this area from the 20.0% response rate in the winter survey. This change in concern suggests that organizations continue to struggle with managing the sheer amount of data generated, stored, and analyzed, which could strain existing infrastructure and require investments in scalable data storage and processing solutions. 

Respondent’s concern for the impact of data security on eDiscovery business performance decreased slightly (2.1%) during the last quarter and continues to be the top concern for 13.3% of those surveyed. Although the percentage has slightly decreased, data security remains a significant challenge, and organizations must continue to prioritize investments in cybersecurity measures to protect sensitive information and maintain compliance with privacy regulations. 

The percentage of respondents that viewed lack of personnel as a top business concern increased in the last quarter from 9.2% in the winter of 2023 to 13.3% in the spring of 2023. which indicates that organizations might be facing challenges in meeting their staffing needs. This increase suggests that the existing workforce within organizations is potentially taking on a greater workload due to the demand for skilled eDiscovery professionals outpacing hiring and retention. In response to this challenge, organizations should consider investing in training and retaining talent while also enhancing their hiring strategies as budgets allow. 

In the spring of 2023, the impact of inadequate technology as the top business issue decreased by 6.5% from the last quarter and is now viewed as the top concern by only 2.7% of survey respondents. Even with this rating, organizations should consistently evaluate and update their tools and infrastructure to adapt to the ever-changing data landscape and maintain efficiency and competitiveness. 

These top concerns highlight the multifaceted challenges faced by eDiscovery professionals and organizations. Addressing these issues demands a comprehensive approach that combines strategic resource allocation, technological investments, and a skilled workforce to effectively navigate the complex eDiscovery landscape.

Survey Charts

(Charts Can Be Expanded for Detailed Viewing)


Chart 1: How would you rate the current general business conditions for eDiscovery in your segment?
Subjective feeling of business performance when compared with business expectations.

Current Business Climate Overview – Aggregate – Spring 2023

Chart 2: How do you think the business conditions will be in your segment six months from now?
Subjective feeling of business performance when compared with business expectations.

Business Climate Overview + Six Months – Aggregate – Spring 2023

Chart 3: How would you guess revenue in your segment of the eDiscovery ecosystem will be six months from now? Revenue is income generated from eDiscovery-related business activities.

Revenue Overview + Six Months – Aggregate – Spring 2023

Chart 4: How would you guess profits in your segment of the eDiscovery ecosystem will be six months from now? Profit is the amount of income remaining after accounting for all expenses, debts, additional revenue streams, and operating costs.

Profits Overview + Six Months – Aggregate – Spring 2023

Chart 5: An Aggregate Overview of Issues Impacting eDiscovery Business Performance Challenges that may directly impact the business performance of your organization.

Issues Impacting eDiscovery Business Performance – Aggregate – Spring 2023

Chart 6: Survey Participant Overview

Survey Respondents (Individual and Aggregate Overview) Spring 2023

Chart 7: Survey Participant Level of Support Overview

Survey Respondents by Level of Support – Aggregate – Spring 2023

Chart 8: Survey Participant Industry Segment Overview

Survey Respondents by Organizational Segment – Aggregate – Spring 2023

Past Survey Results

*Assisted by GAI and LLM Technologies

Additional Reading

Source: ComplexDiscovery


Complete Presentation – Market Kinetics – eDiscovery Business Confidence – An Aggregate Overview (PDF) – Mouseover to Scroll

0 – Business Confidence – Aggregate Results – 050923

 

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