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Reducing the Cost of Discovery

By Lauren A. Allen and Scott B. Schneider

General counsel face intense, unprecedented pressure to cut costs. At the same time, the sheer quantity of data being created in a corporate environment has resulted in spiraling discovery costs. In facing what seems a losing battle, general counsel need to grow the tools available in their arsenal when approaching discovery. An important skill is use of technology as a way to reduce the costs associated with document collection and legal review. However, the best technology will never overcome the pitfalls associated with recurring problems such as the over-collection of documents or the identification of a new issue deep into a large document review. Analysis of how you are handling and responding to discovery requests will eliminate errors and reduce costs. This article provides a case study of one legal department's use of Lean Six Sigma in identifying avoidable problems that occur again and again across a variety of cases. The result? Tens of thousands of fewer unnecessary documents collected in shorter time frames, and significant cost-savings.

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