New Methods Can Reduce Costs for E-Discovery

Sorting through big data is adding more expenses to litigation, but there are some e-discovery techniques that can cut costs and improve efficiency.

There is truly a need to get a handle on costs. The current price tag can reach as high as millions of dollars when finding relevant electronically stored information (ESI (News - Alert)). According to a new study from the Rand Corporation Institute for Civil Justice (ICJ), the review part of the process represented some 73 percent of all production costs. In addition, collection represented some eight percent. Processing represented some 19 percent.

Predictive coding and other techniques can help lower the cost. The Rand Corporation said that “computer-categorized document review techniques … identify at least as many documents of interest as traditional eyes-on review with about the same level of inconsistency, but with the potential of reducing the hours attorneys must spend by about three-quarters.”

In a recent article from MetroCorpCounsel.com, Kelli Clark, vice president of Solutions and Services at Applied Discovery, recommended a few solutions to lower costs and reduce time spent on e-discovery. One suggestion is to set up a dedicated team who can plan and implement the ESI search. The team may include an e-discovery project manager, in-house attorney and outside attorney, someone from the IT or records management departments, and someone who has background in building keyword search strings. Another suggestion is to make sure your side cooperates with the opposing side of the case. Both sides should try to narrow down search terms, custodians and a range of dates. Also, limit a search by data sources and time frames, Clark said. Limit the search, too, by looking for specific kinds of files, so you can search by file extension, Clark adds. In addition, look for the correct search terms that are connected to the case, and pay attention to names, terms, phrases, acronyms and abbreviations.

Another recommendation is to use the most effective technology. Predictive tagging will employ software that can identify ESI. The ICJ says predictive tagging means fewer documents have to be reviewed by attorneys. It saves time and money.

Judges are also beginning to recognize the benefits of this advanced review technology, Clark said. However, Rand Corporation says there is not a clear signal from judges that computer-categorized document review techniques are defensible. This is leading to relatively low acceptance among lawyers, the study said.

In addition, Rand says that by using intelligence on Big Data, the volume of corporate data can be reduced, leading to lower costs and improved efficiency in e-discovery.

In a related matter, StoredIQ reported that growth from unstructured data impedes legal discovery, according to TMCnet. Enterprise Strategy Group (News - Alert) (ESG) conducted a survey which showed 69 percent of corporate counsel said working more closely with IT and records management “to expire and delete data to limit unnecessary data retention for future litigation requests” was the top priority for their internal eDiscovery process.

Weak data governance causes higher expenses for large e-discovery data productions, TMCnet adds. There is also a need to reduce junk data.

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