The EDiscovery Outcome Economy Part Two: How to Uncover Value After a Production

To ensure value, eDiscovery projects should look to both provide a compelling narrative to the trial team, as well as continuously improve case outcomes by facilitating case management.

The goal of eDiscovery should be to provide value in enabling better client outcomes. As we talked about last week, value implies more than just a defensible production, which is the bare minimum. Value from eDiscovery comes in two additional ways: (a) providing a compelling case narrative as work product after the review, and (b) facilitating the trial team’s interaction with the data by a thorough understanding of the needs. Last week, we talked about why this is important. This week, we will cover some practical impediments that exist in the eDiscovery industry at large, and then cover some practical solutions to the challenge of providing better eDiscovery value.

Impediments to Facilitating Better Outcomes

Why has so much of the eDiscovery industry stopped short of delivering real client value?

Part of the answer is that eDiscovery’s intrinsic nature as a “manufacturing process” activity has been poorly understood across the legal industry, directly leading to high costs and inconsistent results. Stated differently, if each eDiscovery project is treated as a special snowflake, ignoring that eDiscovery is a repeatable process, the variability of the results/outcomes will get the attention. If eDiscovery is seen clearly as a manufacturing process, however, process deviations will get the attention. (more…)

The EDiscovery Outcome Economy Part One: Why We Need to Focus on Case Insights

To be valuable, eDiscovery needs to ensure the greatest usability of all data reviewed and produced. Every dollar spent should buy more than mere compliance; it should buy valuable case insights.

While it is easy to focus on making a defensible document production, eDiscovery should not stop there. This post is going to discuss why it is critical to focus on providing value in eDiscovery by giving the trial team a compelling case narrative and making it easier for them to uncover the key facts. Next week’s post will get practical on how it can be done.

What is the “Outcome Economy”?

For several years our eDiscovery Group has been working on bringing more value to the document review process. Recently, I read a book that shed a fresh light on this issue with a modern parallel. (more…)

The Elements of What eDiscovery Should Be

So what are we suggesting?

We have covered a lot of ground over the past five LeanDiscoveryTM blogs (and our one guest blog). Let’s pause to consider how the concepts we’ve discussed enable us to address what our collective expectations for eDiscovery should be. If you are new to this conversation, this will summarize where we have been so far.

Our core mission as an eDiscovery team is simple: to enable better client outcomes. That is our singular goal for effective eDiscovery and should be what our clients expect. To enable better client outcomes, we rely on three interrelated principles: strong foundation, (process and project management); coordinated teamwork (experience and concentration); and clear value (getting beyond compliance). (more…)

Finding Exceptional EDiscovery Value

Why are we settling for less than exceptional eDiscovery results?

My guiding principle for eDiscovery is simple: eDiscovery always must deliver exceptional value to the client. A general counsel purchasing eDiscovery services should expect nothing less than tangible, identifiable and measurable value. As a trial lawyer first, I see real value as equating to meaningfully better client outcomes. (more…)

EDiscovery Effectiveness as Measured by the Case Objectives

How do we keep our focus on the case objectives throughout the eDiscovery cycle?

A trial team is focused, first and foremost, on the outcome of the actual litigation. To be valuable, the eDiscovery costs must directly advance the overall case objectives. We believe that you maximize the impact of the client’s eDiscovery spend, and ensure eDiscovery’s contribution to the desired outcome, by making the eDiscovery team a natural extension of the trial team. (more…)