The Editor interviews Mary Mack , Corporate Technology Counsel, Fios, Inc.
Editor: What are the biggest cost drivers today when it comes to litigation and e-discovery?
Mack: e-Discovery is by far the most significant cost driver where a case involves a large volume of electronically stored information (ESI). The e-discovery process includes going out and finding the data, collecting it, getting it ready for review, and then having attorneys review and produce it. The most expensive part of that process is the cost of human review. The cost is driven by the number of documents requiring human review, the hourly rate and the efficiency of the reviewers. Newer search and review technologies can reduce the number of documents requiring human review and reduce costs; there are also significant cost-saving processes that can be put in place in advance of the review.
For instance, costs can be greatly reduced by identifying at the outset the types of documents that need to be collected, so that only relevant documents are collected and processed for review. Although the identification process involves the upfront time of lawyers or consultants, significant cost savings can be achieved because it can reduce the number of documents subject to human review.
Editor: So, it is important to have a big-picture person make the initial determination with respect to documents to be reviewed?
Mack : Yes, exactly. A big-picture person, with knowledge of the issues and exposure in the current case as well as the total litigation portfolio, supported by others seasoned in the particulars of e-discovery, should make the preliminary decisions that define the document universe. This will help prepare the team for an efficient review downstream, as well as set the stage to narrow scope and reduce costs via the "meet and confer" negotiations.
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Source: Metropolitan Corporate Counsel
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