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Recovery Models for e-Discovery and Litigation Support Services that Make an Impact
Mattern has tracked law firm cost recovery strategies — and their success or failure — since 2004. One area of recovery that has seen tremendous growth over the years — and in which it was also apparent that firms were struggling to manage — involved e-discovery services. With big data and the resulting explosion of electronic documents, texts, images and voicemails that are subject to discovery, the cost burden was increasing at a pace that required firms to reconsider their recovery approach.
This is why in 2019, Mattern went to the market to conduct its first deep dive into e-discovery and litigation support cost recovery in the 2020 e-Discovery and Litigation Support Cost Recovery Survey (Survey). Some of the results surprised us.
Some of the unsurprising Survey results included the fact that over 80% of firms reported electronically stored information (ESI) involved in discovery was on the rise. Mattern also suspected the more advanced activities, especially those typically scrutinized by opposing counsel, would largely end up vended to third party providers. This certainly proved to be the case for forensics data collection, where virtually all firms reported shifting this activity to organizations that specialize in this field. Mattern supports the decision most firms have adopted in this area; this is one of our core recommendations in an effort to avoid spoliation and scrutiny risks.
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