Why Would I Reuse Data?
Simply put—to save money. Reusing attorney decisions and other work across cases can lead to huge cost savings for corporations. The three biggest cost savings involve leveraging privilege decisions, leveraging responsiveness decisions, and reusing production images. I will explain each in turn.
Leveraging privilege decisions carries the most savings potential. When a law firm makes a privilege claim on a document for one case, that privilege claim should carry
through to all cases. Conversely, when a law firm reviews a document for privilege and produces it, deciding that the document is not privileged, generally, there should be no privilege claim for the document in other cases. Thus, leveraging a document’s privilege review history from prior cases eliminates the need for another privilege review in the current case. This saves corporations the time and money associated with the most expensive and slowest type of review—privilege review.
Other potential time and money savings opportunities arise in cases that have similar substance, for example, a series of cases in numerous jurisdictions regarding similar claims, or investigations regarding the same regulated subject matter. Carrying from case to case decisions based on subject matter can either eliminate subsequent review, or provide context for subsequent review which can help lawyers arrive to review decisions more quickly.
Another potential savings lies with production images. Linking documents between cases allows an ediscovery service provider to leverage imaging work between cases. Because each document only needs to be imaged one time, corporations can see large reductions in imaging time and costs.
Sounds Easy, What’s the Catch?
In order to leverage work across cases, the data and the decisions about the data (i.e. work product) have to be in the same place. In today’s ediscovery market, this poses a
challenge: no ediscovery software handles the full end-to-end ediscovery lifecycle, and no ediscovery software handles a portfolio of cases on a client level (or at least no ediscovery software handles these things well). Tracking the work done across various tools, which don’t speak the same language, can be very difficult and time consuming.
This issue is often compounded when large corporations do not have a preferred ediscovery service provider. Corporations often have many law firms managing their litigation portfolios and allow each law firm to manage processing, review, and production. In that model, it is nearly impossible to leverage decisions across cases with documents scattered across many different law firms, service providers, and, consequently, ediscovery processing tools.
So How Do I Leverage Data Across Multiple Cases?
Streamline your ediscovery by developing a repeatable workflow and asking all your outside counsel to follow that workflow. Work with your outside counsel and ediscovery service provider(s) to determine what that workflow should be.
Partner with someone with expertise
Sophisticated ediscovery service providers create and utilize proprietary software to solve these problems. This software links documents between various third party ediscovery tools and enhances the current leading ediscovery tools. In addition, this proprietary software is platform-agnostic so it can adapt to new technology—a necessary characteristic in this constantly changing ediscovery landscape. A seamless integration between tools allows for clients to benefit from the latest and greatest ediscovery software, and lays the groundwork for creating workflows and structure across cases.
Corporations which contract directly with a preferred ediscovery service provider are in a much better place to leverage valuable decisions and processing work across cases.
A single service provider can work with a corporation to create structure and workflows across the entire litigation portfolio, positioning the corporation for a successful and more efficient discovery period on every case.
I’d love to hear about your experiences with reusing data across cases. Please contact me at firstname.lastname@example.org to hear more about how Lighthouse is attacking these challenges today.