eDiscovery has taken the legal arena by storm, upending the discovery process for many seasoned attorneys. Those striving to keep up with the times are taking the initiative to explore eDiscovery platforms in the hopes of expediting the review process and mitigating the overall costs of discovery.
However, before lawyers buy an eDiscovery platform, they need to consider the following list of questions formulated by legal eagles Gareth Evans of Gibson Dunn and John Rosenthal of Winston & Strawn. Both see these elements as instrumental in choosing the correct eDiscovery platform for your needs.
1. Know Attorneys’ Preferences
You can purchase the costliest eDiscovery platform available, complete with all of the bells and whistles, yet it would all be for naught if your legal personnel do not like its functionality.
Evans explained, “What we were most focused on was collecting information from our own attorneys.” To do so, Gibson Dunn took an online poll of its attorneys’ likes and dislikes as well as the reasons behind them. They used that information to choose the platform that best met their needs.
2. Understand How Attorneys Will Use the Technology
You should also ensure that users understand how to use the technology, as attorney time accounts for 60 percent of eDiscovery costs. For example, it is essential to eDiscovery procurement that purchasers know whether attorneys want the insight that data analytics provide or are merely interested in an easy-to-use platform suite that offers basic functionality.
3. Know What Kind of Data Analytics You Need
For many, the availability of data analytics can be a differentiator when choosing a platform and vendor. Yet, as mentioned above, many attorneys either do not understand the technology or have little interest in using more complicated platforms.
Evans shared that “[c]ertain of us are power users and would have been into the high-powered analytics, but that would have been overkill.” In the end, Gibson Dunn chose a more basic platform with the capability to utilize more complex analytics on a case-by-case basis.
In addition to the topics discussed above, Evans and Rosenthal also encourage purchasers to look into some common yet often forgotten elements before purchasing an eDiscovery platform. For example, one should consider whether pre-existing technology can support the new platform, how to account for the unpredictable nature of eDiscovery costs, how long a contract is required and where data will be stored and managed.
Often, discovery is the most expensive undertaking in a legal matter. However, considering these basic tips can ensure the procurement of an eDiscovery platform will mitigate costs and increase efficiency.
To read Evans and Rosenthal’s full perspective, click here.