Page 87 - MASTER COPY LEADERS BOOK 9editedJKK (24)_Neat
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Leaders in Legal Business
1) Experience: Make sure the provider has handled similar e-discovery matters in the past. Discuss
the types of data involved in the project, and make sure the provider is equipped to handle it.
Evaluate the provider’s strategy for handling each stage of e-discovery.
2) Cost: What is the provider’s pricing plan? Determine whether prices will differ depending on the
task. For example, some providers offer different rates for processing and hosting data. Ask
whether the provider charges any fees for setting up the project or project management services.
3) Location: First, consider where the data resides. If it is located in a foreign country, it will likely
be necessary to retain an e-discovery provider well versed in data privacy laws. The next step is
to figure out where the data will be processed and hosted. If the provider offers managed review
services, what is the provider’s capacity to provide a staffed review in the location of the client’s
choice?
4) Security: What security features does the provider offer? At a minimum, the provider should offer
physical measures as well as technological defenses. Find out whether the provider has had any
security breaches. In addition, make sure the provider offers redundancy to protect client data in
the event of a disaster. Furthermore, the need for security extends to the people working for the
provider; background checks are a necessity.
5) Support: Look for a provider that offers 24/7 customer service. An inquiry into support should
also involve a discussion of uptime; some providers guarantee a level of uptime for their data.
Find out how many interruptions have occurred in the past and what the effect of those
interruptions is on the cost of their service. If you are not well versed in the e-discovery process,
consider a provider who has the skill set to consult with you on particular issues or options with
respect to the various decision points in the process to ensure that your e-discovery plan is cost
effective and defensible.
6) Technology: Does the provider offer its own review platform? If not, what platforms does it
support? Make sure the provider has experience with cost-saving tools such as predictive coding,
which can expedite review, and other volume-reduction tools.
Conclusion
Success in e-discovery discovery is largely determined well before a complaint is filed or before an
investigation begins. Counsel who work proactively with their clients to design information governance protocols,
to craft workflows for managing the stages of e-discovery, and to choose third-party providers and delivery models
will be best prepared to take a comprehensive, consistent, and defensible approach that curtails risk, avoids peril,
protects their client, and upholds their ethical responsibilities.
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1) Experience: Make sure the provider has handled similar e-discovery matters in the past. Discuss
the types of data involved in the project, and make sure the provider is equipped to handle it.
Evaluate the provider’s strategy for handling each stage of e-discovery.
2) Cost: What is the provider’s pricing plan? Determine whether prices will differ depending on the
task. For example, some providers offer different rates for processing and hosting data. Ask
whether the provider charges any fees for setting up the project or project management services.
3) Location: First, consider where the data resides. If it is located in a foreign country, it will likely
be necessary to retain an e-discovery provider well versed in data privacy laws. The next step is
to figure out where the data will be processed and hosted. If the provider offers managed review
services, what is the provider’s capacity to provide a staffed review in the location of the client’s
choice?
4) Security: What security features does the provider offer? At a minimum, the provider should offer
physical measures as well as technological defenses. Find out whether the provider has had any
security breaches. In addition, make sure the provider offers redundancy to protect client data in
the event of a disaster. Furthermore, the need for security extends to the people working for the
provider; background checks are a necessity.
5) Support: Look for a provider that offers 24/7 customer service. An inquiry into support should
also involve a discussion of uptime; some providers guarantee a level of uptime for their data.
Find out how many interruptions have occurred in the past and what the effect of those
interruptions is on the cost of their service. If you are not well versed in the e-discovery process,
consider a provider who has the skill set to consult with you on particular issues or options with
respect to the various decision points in the process to ensure that your e-discovery plan is cost
effective and defensible.
6) Technology: Does the provider offer its own review platform? If not, what platforms does it
support? Make sure the provider has experience with cost-saving tools such as predictive coding,
which can expedite review, and other volume-reduction tools.
Conclusion
Success in e-discovery discovery is largely determined well before a complaint is filed or before an
investigation begins. Counsel who work proactively with their clients to design information governance protocols,
to craft workflows for managing the stages of e-discovery, and to choose third-party providers and delivery models
will be best prepared to take a comprehensive, consistent, and defensible approach that curtails risk, avoids peril,
protects their client, and upholds their ethical responsibilities.
80
