Most of us have heard the story of David vs. Goliath. For those who have not it is an account of a young and seemingly inexperienced warrior challenging and ultimately conquering a seasoned warrior and giant. This is a great morale booster for anyone who has ever been in a situation where the opposition seems to be more than you can handle. This is the scenario with eDiscovery. It is that huge giant that most attorneys and firms have either ditched and dodged or used the wrong approach to conquer. eDiscovery is this huge amount of information that must be collected, reviewed, and produced. If that is not enough to cause the most formidable attorney to back down to the eDisovery giant the courts want there to be cooperation throughout this process.
eDiscovery can become one of the most expensive costs of litigation, but has one of the most ambiguous methods for managing the process and costs associated with it. With court budgets being cut and consumers and businesses tightening their purse strings the costs associated with eDiscovery should and must be brought under control. There have been various approaches including predictive coding and court rulings on proportionality but no industry wide standards as of yet. Although, many may take the approach to wait until industry standards are set in order to control the costs and implement best practices associated with eDiscovery, this approach will prove to be ineffective as clients challenge eDiscovery costs. When a client receives a huge unexpected bill with an item labeled “fees associated with eDiscovery” these fees will likely be disputed. In the miraculous event that these fees are not disputed by the client they will likely be disputed by the judge. Attorneys and firms must begin to implement practices to effectively deal with eDiscovery like David dealt with Goliath. Approach and Attack. Approach it by not waiting to deal with its impact on a case until it is challenged by a client or judge. Attack it by implementing and adhering to best practices throughout the eDiscovery lifecycle. With best practices in place to deal with costs and processes the eDiscovery giant is sure to be conquered.