July 13, 2011 Articles

Achievable Steps to Discovery Cost Management

There is a tug of war between processing electronic discovery the proper, defensible way and managing discovery costs.

By Thom Wisinski and Randy Girouard

Cost, cost, cost. The client doesn’t want to spend any money. Why am I paying to process electronic documents? If they’re electronic, shouldn’t a machine just be able to do it? Why don’t we just produce everything in native format? These are just a few of the many anecdotal comments we hear when we mention discovery costs. The fact of the matter (no pun intended) is that there is a tug of war between processing electronic discovery the proper, defensible way and managing discovery costs. Managing discovery costs does not mean cutting corners and taking on risk—it is about making informed decisions and documenting them in a way that captures the spirit of the choice in context to the event.

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