In 2006, amendments to the Federal Rules of Civil Procedure codified discoverability of electronic data in US civil courts. This left corporate litigants, already struggling with growing data volumes, with the added legal burden of producing it in court as evidence. Some enterprises have tried to mitigate the problem through more proactive information management or more targeted collection and culling through early case assessment (ECA), which limits irrelevant or duplicative data.
Overall electronic discovery costs continue to rise: in 2010, e-discovery was the top litigation area targeted for increased spending by corporate counsel, with more than 40% of the largest companies planning to increase electronic discovery spending in the next year.
he most costly phase of e-discovery is typically attorney review and this, too, now faces growing scrutiny from enterprise clients. According to Duke University, the ratio of pages discovered to pages entered as exhibits at trial was on average as high as 1000/1 in 2008-and, anecdotally, we can now add a zero. Traditional linear attorney review workflow from the days of paper-based discovery (reviewing evidence document by document in chronological order by custodian or with no order at all) is proving inadequate for tackling evidentiary volumes in tight timeframes on the largest cases and regulatory matters. Moreover, traditional billable hour pricing for document review can make the process cost-prohibitive, leading to cost sensitivity among litigants and demands for more transparency and accountability from law firms in the review services they provide.
New approaches are emerging to create more efficiency and accountability for performance and results in document review. E-discovery is a strategic investment for businesses with high stakes litigation or regulatory investigations. Yet, without oversight, it can become an unmanageable cost for the organization. The solution is to treat e-discovery, including attorney review, as the strategic business process that it is, one that optimizes efficiency by reducing the time and costs involved in litigation without increasing risk or exposure.
This report examines the changing market for software and services in attorney review, highlighting innovative technology and project approaches which ESG believes provide opportunities for more efficiency, accuracy-and even defensibility and predictability-in the process.
 Fulbright & Jaworski's 7th Annual Litigation Trends Survey Report.
 2010 Duke University survey of litigation costs at major companies.
Subject to Individual Purchase
Terms & Conditions
Browse by Content Type