Recap: Software Decisions Good and Bad

It was clear from the onset that attendees were eagerly awaiting this panel, and that Mr. Efkeman, Mr. Lisi and Mr. Stout were the right attorneys to answer the questions before them.

There was great dialogue between the panelists and the audience, as many attendees were either currently in the software platform analysis process or considering purchases for their in-house dpartments.

Session II: De-dupe, Near Dupe and Being Duped: Software Decisions Good and Bad

Panelists: Senior attorneys from FedEx Express, Fidelity Investments
Richard Stout, Director, Litigation Support Division, Counsel On Call

Moderator: Dennis McKinnie, Executive Director, Atlanta, Counsel On Call

Summary of Dialogue
Themes: Review less data, and do it faster; Establish a good relationship between your legal and IT departments and ensure both are speaking the same language; Purchasing software is costly, and those decisions should be carefully considered, especially in an environment in which there is much consolidation currently -- but a purchase can save time and money in the long run; “Try before you buy.”

The panelists agreed that limiting the amount of data to review was paramount to containing costs. They spoke about the importance of Early Case Assessment (ECA) tools, specifically mentioning Clearwell and Trident (by Wave, a de-dupe/culling tool).

As ways to reduce discovery time and costs, Richard Stout (Counsel On Call) echoed the dialogue about reducing the volume of data to review and discussed how to review the data faster. Implementing the right technology and correctly managing the process are central; the volume of data to be reviewed can be reduced by implementing a Comprehensive Records Management Program (including an effective document retention policy), targeting the collection (searching key custodians, date ranges, specific terms), culling and de-duping data, and using ECA tools. Mr. Stout also mentioned companies with project managers available 24/7 as an important factor in selecting software.
 


The question of whether to purchase software was also discussed. While it was clear that every department’s needs and restrictions are different, the general consensus was there are some purchasing decisions that make sense. Clearwell was a very popular option among attendees. Mr. Stout stated that there is a lot of consolidation in the software business at this point in time – it is the fastest growing segment of the legal industry – so some might opt for a “wait and see” approach with many of these decisions. The technology is improving on almost a weekly basis, it seems, and new tools enter the market every month. The key, the panel and audience agreed, is having people who know how to use the software to its fullest capabilities; Mr. Stout stated that attorneys who know all the “bells and whistles” of a particular platform can ultimately save a client hundreds of thousands of dollars in efficiencies during a review (they review more documents per hour).

Some of the biggest mistakes cited by the group included not testing enough software and committing too early and not investigating (and therefore not implementing) the entire software structure selected.

One panelist mentioned that most, if not all, of the software companies will allow you to test their products for 30-90 days so you can see how it will work with your data. He said this ultimately became a big part of his “success” in software selection, or at least in purchasing a tool that is working well for his company.

The group also asked if anyone knew of a “good, end-to-end solution” currently on the market. While there are multiple tools that handle specific parts of the EDRM Model, there seems to be a need for a comprehensive tool. There was some discussion about particular platforms that are rumored to be coming out with more robust tools, but no one would site a particular tool they felt comfortable saying was good for all stages.

LegalTech NY: Review Less Data - and Do It Faster

Themes from 2008 and before: Review data faster
Theme for 2009: Review less data

After a jam-packed three days of meetings, panel discussions, and visiting with software vendors from across the country at LegalTech New York, it wasn't difficult to discern the two primary objectives for cost savings in the e-discovery realm: (1) Review the data faster and (2) Review less data. These topics aren't new, of course, but in particular the level of discussion about reviewing less data has clearly reached a new level. 

Reviewing Data Faster

For the past few years, the latest technology trends were utilizing content analytic tools when reviewing data. Leaders in this area include Attenex, Stratify, Metalincs, and Cataphora. In our experience, content analytical tools have proven to be three to five times faster than traditional linear tools. The result: hundreds or thousands of attorney hours saved and thousands or millions of dollars saved in performing the review of electronic data.

The benefits of content analytical tools is now well accepted, so much so that traditional linear software tools have upgraded their platforms to include content analytical capabalities. Indeed, over the past year Content Analyst Company has announced strategic alliances with KCura's Relativity, Onsite's eView, and most recently iCONECTnXT.

Why is this so important, other than the obvious benefits of getting the review done faster? Because it makes the hourly rate of the attorneys less relevant. For a company deciding to conduct a review with an LPO and its low hourly rate, it doesn't necessarily mean it's going to be less expensive if an onshore company's attorneys can produce review rates that are two or three times faster, even if the hourly rate is double. So when considering this type of work, it's always good to ask the e-discovery company about the review rates their attorneys typically achieve -- it makes it easier to compare apples to apples. 

Reviewing Less Data

In addition to software platforms adding content analytical capacity to their arsenal, the major players are also focusing on the next-largest cost associated with e-discovery: the amount of data collected for review. In the majority of our visits with software review vendors, the common theme was that either their tool now had early case assessment features or they were in the process of adding to their platform. To that end, we had a chance to visit with representatives of Clearwell, Metalincs, Planet Data, and Inference, just to name a few.

In utilizing the technology for our corporate clients, we have seen the benefits first-hand. We have found that by processing through an Early Case Assessment tool that one or two attorneys can quickly and dramatically cull down the data to be reviewed (see our previous posts). In an instant, you can eliminate all e-mails that do not fall within the relevant time periods by performing advanced date searches and filtering those results.

The next step is to identify all sender and recipient domains related to the particular custodian’s files that you are reviewing. With this feature, the attorney reviewer can eliminate thousands of e-mails that clearly have no relevance to a particular matter based upon the sender or recipient information. For example, all e-mails sent from eBay, Travelocity, newspapers and other subscription-type services provide fertile ground to eliminate thousands of irrelevant e-mails across all custodians collected. The ability to search across all data, based upon domain names, also provides opportunity to quickly and comprehensively identify all communications to and from legal counsel. With one click of the button, a single reviewer can segregate as “potentially privileged” all of the documents originating from or involving legal counsel into a separate workflow for a second-level determination of privilege. In addition, by typing in the law firm name you can quickly and comprehensively identify all attorneys associated with that law firm and all e-mail accounts associated with that attorney that have been collected. This feature adds an extra layer of confidence that you are capturing all attorneys involved in a particular matter.

By spending a small amount of time on the front end with these early case assessment tools, it is very achievable to reduce the amount of data that requires review by an additional 25-50% over the initial 20-30% filtered through traditional automated culling processes (de-duplication, file-type suppression). The net result – huge savings with a potential total reduction of 50-80% of files that require review.

One of the most popular drivers of visitors to this blog are searches for 'early case assessment tools,' which on a much smaller scale illustrates how much this issue is in the collective consciousness of the profession. And why wouldn't it be? If there's less data to review -- and we can review it faster -- it's going to make achieving significant cost savings a lot more realistic.