eDiscovery Professionals: Order-taking or Consulting? – Consulting Opportunities

By: Jane Gennarelli

The last post in this series on eDiscovery consulting in a law firm started discussion of opportunities to provide consulting services in a typical case (using the Electronic Discovery Reference Model as a guide).  This post provides a continuation of that discussion, starting with the Review step:

Review:  In so many cases, review is the most expensive, labor-intensive and time-consuming part of the discovery process.  It needs to be carefully planned and executed to ensure that budgets are adhered to and that deadlines are met.  There are lots of opportunities for consulting assistance in the review process:

  • Advise on review objectives and assist the litigation team in determining the right objectives for a case
  • Evaluation and selection of vendors and review technology
  • Determining appropriate staffing levels and staffing sources
  • Assist with drafting review criteria that can be easily and consistently applied by a review staff
  • Develop training agenda for review staff
  • Development of quality control procedures
  • Advise on documentation to be maintained for a defensible audit trail

Analysis:  Consultants can play a key role in assisting attorneys with analysis of the ESI collection:

  • Recommend an approach and a schedule for doing analysis of a collection
  • Recommend technology tools
  • Assist with developing search and analysis strategies

Production:  As a consultant, you can assist litigators in document production in a few ways:

  • Assist in determining appropriate form(s) of production for a case
  • Make recommendations for handling document identification numbering
  • Make recommendations for an approach and process to handling redactions
  • Advise on options for media on which ESI will be produced
  • Advise on appropriate documentation and record-keeping

Presentation:  While many law firms have separate departments to assist litigators with presentation, more and more eDiscovery professionals are assisting litigation teams in this area:

  • Selecting trial presentation technology
  • Assisting in court-room set up

This concludes the blog series on eDiscovery consulting in a law firm.  We hope you found it interesting and helpful. Please let us know what you think.  And please let us know if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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About the Bloggers

Brad Jenkins

Brad Jenkins, President and CEO of CloudNine Discovery, has over 20 years of experience leading customer focused companies in the litigation support arena. Brad has authored many articles on litigation support issues, and has spoken before national audiences on document management practices and solutions.

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Doug Austin

Doug Austin, Professional Services Manager for CloudNine Discovery, has over 20 years experience providing legal technology consulting and technical project management services to numerous commercial and government clients. Doug has also authored several articles on eDiscovery best practices.

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Jane Gennarelli

Jane Gennarelli is a principal of Magellan’s Law Corporation and has been assisting litigators in effectively handling discovery materials for over 30 years. She authored the company’s Best Practices in a Box™ content product and assists firms in applying technology to document handling tasks. She is a known expert and often does webinars and presentations for litigation support professionals around the country. Jane can be reached by email at jane@litigationbestpractices.com.

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