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Extract from an article by eDiscovery expert Ralph Losey
In the Boiler Chicken Antitrust Order of July 27, 2018, a motion for protective order was denied because of inadequate evidence of burden. All the responding party did was quote a price-range, a number presumably provided by an expert, but there was no explanation.< More evidence was needed, both expert and fact. I agree that generally document review cost estimation requires opinions of experts. The experts need to be proficient in two fields. They need to know and understand the science of document search and retrieval and the likely costs for these services for a particular set of data.
Although all of the formalities and expense of compliance with Evidence Rule 702 may be needed in some cases, it is probably not necessary in most. Just bring your expert to the attorney conference or hearing. Yes, two experts may well disagree on some things, probably will, but the areas of agreement are usually far more important. That in turn makes compromise and negotiation far easier. Better leave the technical details to the experts to sort out. That follows the Rule 1 prime directive of “just, speedy and inexpensive.” Keep the trial lawyers out of it. They should instead focus and argue on what the documents mean.
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