Cost Predictions Rely Equally on Technology and People

I’m a little late on this one, but this article outlines the use of technology to budget and control the cost of a document review project and could be helpful to some folks. It's sometimes an overwhelming topic, but there's no question that law-related technology tools have advanced in recent years and, when used properly, can drastically reduce the overall data set that is needed to review, code and produce. De-duplication, near dupes, key words, clustering of some type or another and document-ranking technology all can be very effective steps to take. In fact, if you are not using the available technology to reduce the data set needing to be reviewed, it’s practically scandalous.

I've seen more than a few very professional, normally sane in-house counsel practically lose their lunch when they hear about the initial amount of data that must be reviewed on a case. When the word "terabyte" is uttered, or there are three digits in front of "gigabyte," it can be somewhat alarming... that cash register sound starts to go off inside your head. But once everyone has calmed down, reason sets in and the processing stage begins. A majority of that data is going to be culled out. If using an early case assessment (ECA) tool, another huge chunk of data will be eliminated. All told, as much as 95% of the data could be vanquished. Now we have an amount of data we can work with. It can certainly be budgeted, too -- and if the review partner knows what it’s doing, it can be very accurate and for even less money than anticipated.

So technology by itself is not the final answer. Technology combined with knowledge and experience are the keys to understanding the complexities of such projects and bringing back a semblance of simplicity and predictability. Yes technology, used skillfully, can reduce the overall data set and the volume that needs budgeting. But when coupled with skilled, professional reviewers and experienced project management – known quantities that understand the entire collection, processing and review stages, software, and how to measure results and benchmark data – you can better prepare a cost forecast that can be relied upon for the duration of the project and on subsequent matters. I feel confident in stating that any in-house attorney who has worked with a good project manager in particular will gladly share how invaluable that PM has been to his or her department.

So if you aren’t using 1) e-discovery specialist project managers and attorneys and 2) data reduction and/or ECA tools, there are significant savings to be had.

Additionally, in the normal course of business you can also reduce the overall cost of a review project by creating and following a record retention policy, as well as using project management consulting to help with other pre-litigation planning. These measures reduce the overall data set, help you understand where your data is located, and give more certainty and predictability in later creating the review budget.

Data is key in today’s world; technology has made it readily available, but you also need a cohesive approach to tap all of its benefits. It might sound like a tall hill to climb, but there are some very simple steps that can be taken to start the process without causing too much pain. In the end, the cost savings and improved processes that are gained will make all that work worthwhile.