Electronic document review projects are fraught with traps for the unwary and unprepared. Proper management can have far-reaching effects in the life of a litigation matter and a client relationship. Approaching projects with clear goals and a solid methodology, maximizing the use of technology, helps avoid negative results in the litigation. Of course, efficiency and cost control foster good client relationships.
Ask any lawyer or litigation support professional about the most expensive phase of the electronic discovery process and what are you likely to hear? Collection of electronically stored information, backup tape restoration, processing and filtering, production? What you are most likely to hear is that lawyer review costs the client more than any other component of electronic discovery. Because of that, law firms are under increasing pressure to reign in these costs. Some clients require lower cost contract lawyers to perform initial relevance and privilege reviews. Many require that invoices from contract agencies be passed through directly with no additional fees or markups added by outside counsel. Some clients allow for a small markup to account for the cost to the law firm of providing facilities and equipment with which to conduct a review. Others see a benefit in sending lawyer review work offshore to lower cost markets, such as India. These options offer ways to control costs, but other practical solutions are readily at hand that can reduce this line item on the litigation budget.