Thu. Dec 1st, 2022
    2010-2018 ARCHIVED CONTENT
    You are viewing ARCHIVED CONTENT released online from 1 April, 2010 to August 24, 2018. Content in this archive site is NOT UPDATED, and links may not function. For current information, go to ComplexDiscovery.com.


    Cost, Time and Complexity in eDiscovery Sourcing

    “Time is money says the proverb, but turn it around and you get a precious truth. Money is time.” George Gissing

    “Fools ignore complexity. Pragmatists suffer it. Some can avoid it. Geniuses remove it.” Alan Perlis

    Balancing the business drivers of cost, time, and complexity in the conduct of electronic discovery continues to be one of the greatest challenges faced by electronic discovery practitioners today.  While there are certainly a myriad of considerations in each of these areas in regard to electronic discovery insourcing and/or outsourcing decisions, provided below is a quick reminder of some of the key elements to entertain when making important sourcing decisions.  

    1)     Cost – The cost of electronic discovery has become such an important factor in litigation that, in some cases, it may actually drive counsel recommendations as much, if not more, than actual evidentiary positions.  Costs range from the specified monetary costs of sourcing the technology and talent necessary to complete needed electronic discovery tasks to the implied opportunity costs associated with tasks and/or projects.

    Costs to be considered in making sourcing decisions for electronic discovery should include:

    • Cost of electronic discovery technology (to include upgrades and maintenance of technology).
    • Cost of IT staff to support and manage electronic discovery technology.
    • Cost of legal professional staff to complete electronic discovery tasks.

    From a purely objective cost perspective, insourcing or outsourcing decisions should adhere to the following general criteria:

    • If cost savings from outsourcing are less than costs of outsourcing, electronic discovery tasks should continue to be insourced.
    • If cost savings from outsourcing equal costs of outsourcing, qualitative factors must be used to make the appropriate decision to insource or outsource electronic discovery.
    • If cost savings from outsourcing are greater than costs of outsourcing, the electronic discovery tasks should be outsourced.

    2)     Time – The ability of legal professionals to manage the time components associated with electronic discovery is of paramount importance if counsel wants to efficiently execute electronic discovery tasks and ensure that tasks are completely compliant with the requirements of audit, investigation, and/or litigation requests.

    Time components to be considered for sourcing electronic discovery should include:

    • Time available to respond to audit, investigation, and/or litigation requirements.
    • Time required to initiate and complete electronic discovery tasks.
    • Time constraints based on technology availability and IT/legal professional staff availability.

    From a purely objective time perspective, insourcing or outsourcing decisions should adhere to the following general criteria:

    • If time savings from outsourcing are less than time expended for supporting outsourcing, electronic discovery tasks should continue to be insourced.
    • If time savings from outsourcing equal time expended for supporting outsourcing, qualitative factors must be used to make the appropriate decision to insource or outsource electronic discovery.
    • If time savings from outsourcing are greater than time expended for outsourcing support, the electronic discovery tasks should be outsourced.

    3)     Complexity – Litigation is inherently rife with risk.  This risk only increases when coupled with the complexity of electronic discovery based on the intricacies of digital data, the continually growing volume of data available, and evolving electronic discovery related law.

    Complexity considerations for sourcing electronic discovery should include:

    • Complexity of risk associated with electronic discovery technology.
    • Complexity of systems and processes required in dealing with electronically stored information.
    • Complexity of expertise needed to execute and manage both electronic discovery technology and tasks.

    From a purely objective complexity perspective, insourcing or outsourcing decisions should adhere to the following general criteria:

    • If complexity from outsourcing is greater than complexity for continued insourcing, electronic discovery tasks should continue to be insourced.
    • If complexity from outsourcing equals the complexity for continued insourcing, qualitative factors must be used to make the appropriate decision to insource or outsource electronic discovery.
    • If complexity from outsourcing is less than complexity for continued insourcing, the electronic discovery tasks should be outsourced.

    While objective decision making criteria can serve as a solid framework for discussing and considering sourcing decisions, subjective criteria (or said another way, experience and intuition) should always be an integral part of all decisions.

    A Blinding Flash of the Obvious

    These decision drivers of cost, time and complexity may appear to be a blinding flash of the obvious to the seasoned and disciplined electronic discovery practitioner.  However, based on the many anecdotes, articles and examples shared daily in both public and private forums, it is apparent that there is always room for careful review and consideration of these drivers as each of them play an important part in the decision by counsel to insource and/or outsource electronic discovery tasks.

     

    ComplexD QR Code

     

    Have a Request?

    If you have information or offering requests that you would like to ask us about, please let us know and we will make our response to you a priority.

    ComplexDiscovery is an online publication that highlights cyber, data, and legal discovery insight and intelligence ranging from original research to aggregated news for use by cybersecurity, information governance, and eDiscovery professionals. The highly targeted publication seeks to increase the collective understanding of readers regarding cyber, data, and legal discovery information and issues and to provide an objective resource for considering trends, technologies, and services related to electronically stored information.

    ComplexDiscovery OÜ is a technology marketing firm providing strategic planning and tactical execution expertise in support of cyber, data, and legal discovery organizations. Focused primarily on supporting the ComplexDiscovery publication, the company is registered as a private limited company in the European Union country of Estonia, one of the most digitally advanced countries in the world. The company operates virtually worldwide to deliver marketing consulting and services.

    Beyond the Perimeter? The DoD Zero Trust Strategy and Roadmap

    Current and future cyber threats and attacks drive the need for...

    Balancing Spend and Standards? Cybersecurity Investments in the European Union

    According to EU Agency for Cybersecurity Executive Director Juhan Lepassaar, “The...

    Stricter Supervisory and Enforcement Measures? European Parliament Adopts New Cybersecurity Law

    According to European Member of Parliament (MEP) Bart Groothuis, “Ransomware and...

    Geopolitical Shakedowns? The Annual ENISA Threat Landscape Report – 10th Edition

    According to EU Agency for Cybersecurity Executive Director Juhan Lepassaar, “Today's...

    A Technology-Driven Solution? Integreon Announces New Chief Executive Officer

    Subroto’s people-first leadership style combined with his passion for leveraging technology...

    A Magnet for Revenue? Magnet Forensics Announces 2022 Third Quarter Results

    According to Adam Belsher, Magnet Forensics' CEO, "Our solutions address the...

    Progress and Opportunity? Cellebrite Announces Third Quarter 2022 Results

    “We are pleased to report a solid third quarter, delivering strong...

    Fueling Continued Growth? Renovus Capital Acquires Advisory Business from HBR Consulting

    "The legal industry remains in the early stages of digital and...

    An eDiscovery Market Size Mashup: 2022-2027 Worldwide Software and Services Overview

    From retraction to resurgence and acceleration, the worldwide market for eDiscovery...

    On the Move? 2022 eDiscovery Market Kinetics: Five Areas of Interest

    Recently ComplexDiscovery was provided an opportunity to share with the eDiscovery...

    Trusting the Process? 2021 eDiscovery Processing Task, Spend, and Cost Data Points

    Based on the complexity of cybersecurity, information governance, and legal discovery,...

    The Year in Review? 2021 eDiscovery Review Task, Spend, and Cost Data Points

    Based on the complexity of cybersecurity, information governance, and legal discovery,...

    Five Great Reads on Cyber, Data, and Legal Discovery for November 2022

    From cyber shakedowns and threats to the total cost of eDiscovery...

    Five Great Reads on Cyber, Data, and Legal Discovery for October 2022

    From cyber claims and data privacy to corporate litigation and the...

    Five Great Reads on Cyber, Data, and Legal Discovery for September 2022

    From privacy legislation and special masters to acquisitions and investigations, the...

    Five Great Reads on Cyber, Data, and Legal Discovery for August 2022

    From AI and Big Data challenges to intriguing financial and investment...

    Onsite or Remote? Document Reviewer Preferences Survey (Winter 2023)

    Today CompexDiscovery expands that survey portfolio by introducing a new business...

    In The House? The Fall 2022 eDiscovery Total Cost of Ownership Survey – Final Results

    Today CompexDiscovery shares the results of a new business survey focused...

    Cold Front Concerns? Eighteen Observations on eDiscovery Business Confidence in the Fall of 2022

    In the fall of 2022, 49.0% of survey respondents felt that...

    Stereotyping Data? Issues Impacting eDiscovery Business Performance: A Fall 2022 Overview

    In the fall of 2022, 28.0% of respondents viewed increasing types...

    The Arrival of General Winter? Ukraine Conflict Assessments in Maps (November 21-27, 2022)

    According to a recent update from the Institute for the Study...

    Digging Out and Digging In? Ukraine Conflict Assessments in Maps (November 14-20, 2022)

    According to a recent update from the Institute for the Study...

    A Liberating Momentum? Ukraine Conflict Assessments in Maps (November 7-13, 2022)

    According to a recent update from the Institute for the Study...

    Rhetoric or Reality? Ukraine Conflict Assessments in Maps (November 1-6, 2022)

    According to a recent update from the Institute for the Study...