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How Employing eDiscovery Counsel Can Pay Dividends
e-Discovery issues are becoming increasingly more complex while associated review costs keep rising dramatically ' often threatening to overshadow the substantive issues of the litigation or investigation at hand. Because of this, more and more corporations are turning to a two-tiered model when it comes to new matters: one law firm (or separate group within the law firm) that will focus on preservation, collection and review, and a separate team of lawyers that will focus on the actual merits of the case. This model is proving to be cost-effective for e-discovery because efficient and repeatable practices can be implemented. In addition, this approach allows merits counsel to focus on what it is they do best ' handling the underlying complex substantive issues of the matter, rather than getting bogged down or distracted by what can often be a lengthy and technical process.
e-Discovery Counsel vs. Merits Counsel
Given the complex nature of modern litigation, parties should consider hiring separate, dedicated merits and e-discovery counsel. Although retaining separate merits and e-discovery counsel may seem more costly and complicated, e-discovery has essentially become its own legal field that requires a significant amount of attention and expertise. Counsel specializing in the underlying substantive issues may not have the skills, experience and time necessary to navigate the e-discovery process in a zealous and cost-effective manner. Retaining separate e-discovery counsel allows for more efficient preservations, collections, Rule 26(f) meet and confer conferences, keyword negotiations, deposition practice, processing decisions, document review, and motion practice when disputes arise. This ultimately results in better representation, lower costs, reduced risk and allows the merits counsel to focus on the substantive issues and provide better representation in settlement discussions or at trial.
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