By Tim Griffiths
A law firm with moderate e-discovery experience had a similarly situated client with four terabytes of data in archival backup tapes and active data stored in servers and laptops scattered in offices around the world. The client, who was concerned about controlling costs, chose an e-discovery provider that submitted the lowest bid to collect and restore the evidence, as well as host the review. More than a month into the project, outside counsel was alerted by the vendor that they were falling hopelessly behind in collecting and processing the data because the data was more complex than their systems could normally manage. In addition, since more time was needed for processing, the vendor's online review application would not be able to support the large number of reviewers needed to complete the review on time. The discovery deadlines were too close to change vendors, and deadlines were ultimately missed and motions to compel ensued.
Sound familiar?
No industry in the world can promise 100 percent client satisfaction. The electronic discovery industry is no different. Not only is the inherent nature of electronic data mined with potential traps, but frequently the e-discovery services provider is dealing with conflicting client objectives. The corporate client wants to restrict costs while outside counsel wants to review every byte of potentially relevant data to ensure nothing is missed. Often times, the compromise lies in who is selected for processing the data and hosting the review. What's missed in this compromise is an opportunity to partner with an experienced e-discovery provider early on in the matter so a clear understanding of the evidence, timelines and technology requirements can be gained by all parties. It's an opportunity to build partnerships across the discovery response team.
These partnerships begin with a client-centric service model backed by experienced project management and deep e-discovery expertise. A battle-tested service model can help clients avoid situations like the one described above. It can also help them agree on expectations before the project even begins, so that the proper resources can be assigned and efficiencies built in to ensure successful outcomes without unnecessary surprises or costs.
The following scenario describes how working from a proven service model can ease the pain associated with managing the complex e-discovery process:
A law firm approached Fios, a tier-one e-discovery provider, with a
project that required the collection, processing, review and
production of 12 million pages of documents in 45 days. The data had not yet been collected and a re-fresh collection would need to take place less than two weeks before the final production deadline. Working with outside counsel and corporate IT, Fios put together a plan to build a project management team that could serve each element of the project concurrently. During the collection phase, the project management team worked with counsel on processing issues and making certain the review environment could handle a team of contract attorneys who would review the 12 million pages in two weeks' time. In addition, Fios placed a review coordinator on-site to ensure that review glitches were promptly resolved and that the partner-in-charge was informed regularly of review progress. Before the
project even began, a production schedule was put in place that drove the entire review schedule. The result? All required documents were collected, processed, reviewed and produced in less than 45 days.
Why did this project succeed?
Using an experienced service provider, like Fios, that has a proven service model, will promote communication between all members of the discovery response team — outside counsel, inside counsel, IT and the e-discovery provider. Potential problems, such as those regarding collection strategies or preservation protocols, can be hashed out with corporate IT before the collection team arrives on-site. Issues with the scalability of the review application can be resolved with thorough testing of the review environment before the reviewers sit down to categorize a document. This collaboration and experience will provide the client with a clear view into every aspect of the project, allowing them to tweak project details as problems arise. And they will arise. It is how the problems are addressed and managed that are critical to ensuring successful outcomes — without costly surprises or missed deadlines.