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First-Level Review: The Next Legal Service to Be Sent Offshore?

By Priya Keshav and Mike Dolan
July 27, 2006

Ask any corporate general counsel today about his or her top concern, and the answer almost invariably will be 'cost control.' In a recent Fulbright & Jaworski client study, the firm's Second Annual Litigation Trends Survey Findings, cost was the most-cited concern. Interestingly, some respondents expressed more concern over the costs of litigation than whether they won or lost the case.

Discovery costs continue to spiral upward because of the vast amount of electronic data created daily, and the need for robust technology to reduce document sets for review, coupled with high-quality/low-cost review, is acute.

But the greatest success for clients, as measured by cases won and costs saved, will be realized by combining robust technology with lower-cost, offshore legal workers. In a recent KPMG white paper, A Revolution in E-Discovery: the Persuasive Economics of the Document Analytic Approach, four different methodologies for pre-paring and reviewing documents in litigation were compared. While a broad range of total costs was computed across the different approaches, the majority of the cost in all cases was in first-level document review ' ranging from 58% to 90%. So the cost and time are not in the processing and production of documents, but within the review.

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