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Intelligent e-Discovery Search Practices

By James Zubok

As more documentation finds its way into an electronic format, companies must take into account the cost of producing and analyzing them in the discovery process. In particular, firms must address fundamental ways they conduct their pre-trial deliberations to remain in-step with recent judicial rulings and technological advances.

Ballooning sets of electronic files bring escalating costs as well as new priorities for managing them. There are two important metrics to keep in mind when factoring in the need for document analysis in your discovery review process:

1. More than 90% of all communications take place electronically (“Document (mis) Management,” Linda Kish, e-Discovery Law & Strategy, June 2005).

2. Up to 95% of all documents are likely not to be found relevant to the discovery request (“Let's Get Relevant,” Mike Kinnaman, e-Discovery Law & Strategy, June 2005).

With half or more of all legal funds in the U.S. spent on discovery costs, it's not hard to see why many law firms are re-evaluating their litigation management practices. They are concluding that:

  • Document preservation is key to limiting one's potential exposure;
  • Document analysis is not just some vogue way to package software, but a pragmatic response to growing e-discovery demands; and
  • Without an alternative to the out-sourcing and reassembling of discovery documents, counsel must pay twice: 1) for document conversion, and 2) for a lengthy attorney review.

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