Modern organisations face mounting pressure to handle both litigation and internal investigations with the same team resources. Traditional eDiscovery teams, built specifically for litigation support, often struggle when asked to pivot to investigation work. The workflows, timelines, and objectives differ significantly between these two domains, creating operational challenges that can compromise both speed and quality.
Building teams capable of seamlessly handling both litigation and investigation work requires strategic planning, targeted skill development, and flexible organisational structures. This approach not only maximises resource efficiency but also ensures your organisation can respond effectively to any legal or compliance challenge that arises.
Why traditional eDiscovery teams struggle with investigations
Most eDiscovery teams develop their expertise around litigation timelines and requirements, creating several fundamental challenges when transitioning to investigation work:
- Structured vs. dynamic workflows – Litigation follows predictable discovery phases with formal protocols, while investigations require rapid pivoting as new evidence emerges and scope expands
- Timeline expectations – Teams accustomed to weeks or months for litigation preparation struggle with investigation demands for responses within hours or days
- Tool limitations – Litigation-focused platforms excel at processing large document sets but lack the agility needed for iterative analysis and rapid hypothesis testing
- Mindset differences – Litigation prioritises defensibility and court compliance, while investigations focus on speed, insight generation, and risk assessment
- Scope management – Well-defined litigation parameters contrast sharply with investigations’ frequently expanding scope and evolving objectives
These fundamental differences create operational friction that prevents traditional eDiscovery teams from effectively transitioning between domains. The specialisation that makes litigation teams highly efficient becomes a limitation when investigation work requires creative problem-solving, flexible methodologies, and different approaches to data analysis, reporting, and stakeholder communication.
Building dual-purpose skill sets in your team
Creating versatile team members requires a systematic approach to skill development that addresses both technical capabilities and analytical thinking:
- Competency mapping – Assess current team skills against both litigation and investigation requirements to identify gaps and cross-training opportunities
- Analytical thinking development – Focus on pattern recognition, hypothesis formulation, and adaptive problem-solving skills that complement technical eDiscovery expertise
- Practical cross-training – Pair litigation specialists with investigation experts on real projects rather than relying solely on classroom training
- Strategic hiring – Prioritise candidates with diverse backgrounds spanning corporate compliance, forensic accounting, internal audit, and traditional legal support roles
- Continuous skill validation – Implement regular assessments to ensure training translates into practical capabilities across both domains
This comprehensive approach to skill development ensures team members can effectively navigate the different mindsets, methodologies, and technical requirements of both litigation and investigation work. The investment in dual-purpose capabilities creates more valuable team members while providing the flexibility needed to handle varying workloads and urgent requests.
How to structure teams for maximum flexibility
Organisational structure directly impacts your team’s ability to respond effectively to both planned litigation and unexpected investigation needs:
- Hybrid core teams – Create primary teams with members trained in both domains, supplemented by specialists who provide deep expertise when complex situations arise
- Pod-based deployment – Implement small, cross-functional teams that can be quickly assembled for specific projects, ensuring knowledge transfer and rapid response capabilities
- Matrix organisational models – Allow team members to maintain primary domain expertise while receiving secondary assignments that build cross-domain experience
- Capacity buffer management – Maintain a pool of fully cross-trained professionals who can immediately pivot between litigation and investigation work without disrupting ongoing projects
- Resource allocation flexibility – Design workflows that accommodate the unpredictable nature of investigation work while maintaining litigation project continuity
These structural approaches create the organisational agility needed to handle varying workloads while ensuring both litigation and investigation projects receive appropriate expertise and attention. The key lies in balancing specialisation with flexibility, allowing teams to maintain deep capabilities while adapting quickly to changing business needs.
Training programmes that bridge litigation and investigation work
Comprehensive training programmes must address the distinct requirements of both domains while building transferable skills:
- Foundational context training – Cover fundamental differences in objectives, timelines, stakeholder expectations, and success metrics between litigation and investigation work
- Technical platform mastery – Train on tools used across both domains, emphasising different configuration and usage approaches for varying project types
- Competency frameworks – Establish clear skill levels and progression paths for dual-purpose roles with regular assessments and development goals
- Industry trend education – Provide ongoing updates on cybersecurity threats, regulatory changes, and technological advances affecting both domains
- Mentorship programmes – Pair developing team members with experienced professionals who have successfully worked across both litigation and investigation projects
These training elements work together to create professionals who can seamlessly transition between litigation and investigation work while maintaining the high standards required in both domains. The combination of formal training, practical application, and ongoing mentorship ensures sustained skill development and professional growth.
Building teams capable of handling both litigation and investigation work requires thoughtful planning and sustained investment in people development. The organisations that succeed create flexible structures, invest in comprehensive training, and foster cultures that value adaptability alongside technical expertise. Your ability to respond effectively to both planned litigation and unexpected investigation needs will increasingly determine your competitive advantage in today’s complex legal landscape.
If you’re looking to build or expand teams with these dual capabilities, we at Iceberg understand the unique challenges of finding professionals who can excel across both eDiscovery and cybersecurity domains. Our global network connects you with candidates who bring the versatility and expertise needed for today’s demanding legal and compliance environments. If you are interested in learning more, reach out to our team of experts today.
