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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.
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.
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.
92
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.
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.
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.
92
