March 05, 2018
The process of eDiscovery can be a very costly endeavor for anyone going through litigation. Below are four tips that you can use to help reduce eDiscovery costs.
Identify the key custodians to the case and preserve their ESI. This can include data from their issued laptops, desktops, tablets, cell phones, email, databases, file shares, and more. Don’t skip out on anything. It is better to have it and not need it than to not have it and need it.
If you’re not using in-house eDiscovery practices, be sure to pick a provider that not only will be cost effective, but will not mess up the production in the process. Productions can be quite spendy with per page and per GB pricing, and you want to ensure your eDiscovery team is not going to do it incorrectly.
A lot of people hear the cost to have someone come in and collect their emails or server data forensically and think, “I can just have IT do that for free.” Don’t get pulled into this mistake. Your IT staff doesn't have the tools or training to do a forensic acquisition, and by doing so will inadvertently change metadata and possibly accidentally destroy data. You also run the risk of IT grabbing the wrong data, and winding up paying to have more data culled or reduced that didn’t even need to be submitted for processing. Doing it yourself leads to extra costs culling data that doesn’t need to be culled, metadata changes that can hurt your case, and extra costs in having to get a third party involved eventually. Do yourself a favor and get an experienced third party involved from the beginning.
The normal way of doing things is to get your data collected, then pay someone to cull or reduce the data. This can be a very costly thing to pay a third party to make sure the data is collected correctly, then paying them to deNIST it, deDuplicate it, keyword search it and reduce it by date range. Why not do that all in one step for a lower cost? It also helps your clients feel more at ease that non-responsive data is not leaving their doors, keeping their data safe and secure.
These tips can help you utilize technology to automatically reduce the amount of data that needs to be manually reviewed. When you do have a firm handle on what does need to be reviewed, third-party managed review services can keep the load lower on in-house counsel.