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negotiated if discovery work is consolidated with a single provider. Moreover, sharing the load
of discovery with a trusted specialist allows external and internal counsel to focus on their core
responsibilities: handling substantive issues and developing legal strategy.
Finding the Right Strategic Partner
With the right investment of time and resources, counsel can find a strategic partner that
will complement its services and delivery model. The Sedona Conference®’s publication,
“Navigating the Vendor Proposal Process: Best Practices for the Selection of Electronic
Discovery Vendors,”6 is a useful reference for engaging in this process.
Keep in mind that retaining an e-discovery provider implicates ethical responsibilities
such as the duty to protect a client’s data, so counsel should spend a sufficient amount of time
evaluating potential providers. In general, at a minimum, the following topics should be
addressed during the screening process:
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 skillset 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.
6 Navigating the Vendor Proposal Process: Best Practices for the Selection of Electronic Discovery Vendors, THE SEDONA CONFERENCE
(Second Edition, June 2007), https://thesedonaconference.org/download-pub/80.
88
of discovery with a trusted specialist allows external and internal counsel to focus on their core
responsibilities: handling substantive issues and developing legal strategy.
Finding the Right Strategic Partner
With the right investment of time and resources, counsel can find a strategic partner that
will complement its services and delivery model. The Sedona Conference®’s publication,
“Navigating the Vendor Proposal Process: Best Practices for the Selection of Electronic
Discovery Vendors,”6 is a useful reference for engaging in this process.
Keep in mind that retaining an e-discovery provider implicates ethical responsibilities
such as the duty to protect a client’s data, so counsel should spend a sufficient amount of time
evaluating potential providers. In general, at a minimum, the following topics should be
addressed during the screening process:
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 skillset 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.
6 Navigating the Vendor Proposal Process: Best Practices for the Selection of Electronic Discovery Vendors, THE SEDONA CONFERENCE
(Second Edition, June 2007), https://thesedonaconference.org/download-pub/80.
88
