July 2017

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…)