Friday, June 22, 2012

eDiscovery Trends: Costs, Outside Counsel and Vendor Performance Chief Among GC Concerns



http://ow.ly/bKRxW

An article by Doug Austin posted on the eDiscovery Daily Blog.

This article discusses the results of a recent survey taken by the eDiscovery Solutions Group, consisting of surveys provided to 250 General Counsel, with 127 responses from those receiving the survey. The article provides a link to a post by Charles Skamser providing the survey results on the eDisocvery Paradigm Shift website.

Mr. Austin's article states, "

According to the survey, organizations are (not surprisingly) still highly dependent on outside counsel for eDiscovery services, with over half of the organizations (51%) relying on them for eDiscovery collections and Early Case Assessment (ECA) services and 43% relying on them for document review services. Organizations rely on third party forensics groups 35% of the time for eDiscovery collections and rely on Legal Process Outsource (LPO) providers 29% of the time for ECA services and 43% of the time for document review services. Organizations handle ECA internally 20% of the time and handle collection and review 13% of the time each.

The author notes surprise that 51% of the respondents identified outside counsel for their ECA and wondered if there was confusion by respondents about the term “LPO” and whether it applied to litigation service providers. It’s also possible that the term “ECA” might have been confusing as well – to many in the legal profession it means estimating risk (in terms of time and cost to proceed with the case instead of settling) and not analysis of the data."

The article further states, "Top frustrations were “Cost of eDiscovery not declining as rapidly as expected” (95%) and “Increase in the Amount of ESI” (90%). Also notable are the respondents that are frustrated with “Dealing with eDiscovery Software Vendors” (80%) and “Outside Counsel Not Providing Adequate Support for eDiscovery Requirements” (75%)."

P.S. "65% of respondents find eDiscovery Vendor sales people “annoying”."

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