Editor’s Note: Originally published in June 2019 and updated annually, this report on eDiscovery collection task, spending, and cost information contains new data points based on recent refreshes of industry research from ComplexDiscovery OÜ. This update includes information from the 2023-2028 eDiscovery Market Size Mashup for Worldwide Software and Services and the most recent eDiscovery pricing survey conducted in November 2023. This update may be beneficial for legal, business, and IT professionals considering the business of eDiscovery and, specifically, the economics of eDiscovery collection.
Industry Research
A 2023 Look at eDiscovery Collection: The Task #
ComplexDiscovery Staff
Within the context of data discovery and legal discovery, the task of collection consists of locating potential sources of electronically stored information (ESI) and gathering ESI for further use in the eDiscovery process. It is one of three tasks, that along with processing and review, make up the core tasks typically associated with the process of eDiscovery.
In considering the relative costs of the three core eDiscovery tasks of collection, processing, and review, in 2012, the task of collection represented approximately 8% of the total expenditure for eDiscovery tasks, with processing representing 19% of expenditures and review representing 73% of expenditures. (1) Based on market modeling since 2012, the relative cost of the eDiscovery task of collection in 2023, as published in November 2023, increased and was estimated to be 15% of expenditures. Additionally, in 2023, the core eDiscovery task of processing was estimated to represent 20% of expenditures, and the core eDiscovery task of review was estimated to represent 65% of expenditures. (2) This shift indicates an evolving emphasis on the initial stages of eDiscovery, likely due to the growing complexity and volume of data sources.
Chart 1: Relative Task Expenditures for eDiscovery
Relative Task Expenditures for Core eDiscovery Tasks - 2023 OverviewMarket Opportunity for Collection: The Spend #
In evaluating the market spend for the eDiscovery task of collection through the lens of relative task expenditures and modeled market estimations, spending on collection-related software and services was estimated to constitute approximately 15% ($2.26B) of worldwide eDiscovery software and services spending in 2023. The percentage of spending for the eDiscovery task of collection is estimated to increase to approximately 20% of overall eDiscovery spending by 2028, with that spend estimated to reach $4.53B in 2028. (3) This projected increase underscores the growing importance and complexity of the collection phase in eDiscovery processes.
Chart 2: eDiscovery Market for Collection
eDiscovery Market for Collection (2023-2028) - 2023 OverviewCollection Pricing Data Points: The Cost #
While many individual elements contribute to the cost of collection, results from semi-annual eDiscovery Pricing Surveys (4) may provide insight into key costs and cost trends related to the eDiscovery task of collection. These costs include onsite and remote collections (Charts 3-4), device-specific collections (Charts 5-6), and investigative services or expert testimony (Charts 7-8).
Responses from the most recent semi-annual eDiscovery pricing survey regarding six collection-related cost questions, stratified by location, device type, and expertise, posed to cybersecurity, information governance, and legal discovery professionals are provided below for your consideration.
Chart 3: What is the per hour cost for an onsite collection by a forensic examiner?
Collection Pricing – Per Hour Cost for an Onsite Collection by a Forensic Examiner – Winter 2024 PricingChart 4: What is the per hour cost for a remote collection by a forensic examiner?
Collection Pricing – Per Hour Cost for a Remote Collection by a Forensic Examiner – Winter 2024 PricingChart 5: What is the per device cost for a desktop or laptop computer collection by a forensic examiner?
Collection Pricing – Per Device Cost for a Desktop – Laptop Computer Collection by a Forensic Examiner – Winter 2024 PricingChart 6: What is the per device cost for a mobile device collection by a forensic examiner?
Collection Pricing – Per Device Cost for a Mobile Device Collection by a Forensic Examiner – Winter 2024Chart 7: What is the per hour cost for investigation, analysis, and report generation by a forensic examiner?
Collection Pricing – Per Hour Cost for Investigation, Analysis and Report Generation by an FE – Winter 2024 PricingChart 8: What is the per hour cost for expert witness testimony (in-person and written) by a forensic examiner?
Collection Pricing – Per Hour Cost for Expert Witness Testimony (In-Person and Written) by an FE – Winter 2024 PricingCollection Considerations: The Bottom Line #
The eDiscovery landscape, particularly in the collection task, is undergoing a noticeable transformation. The increasing financial commitment to this stage reflects its growing complexity and importance. As data sources continue to expand and become more intricate, the eDiscovery process is adapting, with more resources being allocated to the initial stages of data gathering. This trend presents both challenges and opportunities for professionals in the field, emphasizing the need for advanced, efficient collection tools and strategies to handle the burgeoning data volumes effectively.
References #
(1) Pace, N., & Zakaras, L. (2012). Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery (p. xiv, xv). RAND Institute for Civil Justice.
(2) Robinson, R. (2023). The Next Five Years in eDiscovery: Market Size Forecast for 2023-28. Retrieved from https://complexdiscovery.com/the-next-five-years-in-ediscovery-market-size-forecast-for-2023-2028/
(3) Ibid.
(4) Robinson, R. (2023). Shaping eDiscovery Strategies: Winter 2024 Pricing Report. Retrieved from https://complexdiscovery.com/shaping-ediscovery-strategies-winter-2024-pricing-report/.
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Source: ComplexDiscovery
