Why Are In-House Early Case Analytics Important?

In-house early case analytics are important to the corporation because they have the potential to significantly impact the total cost of litigation.  According to RAND, attorney review typically accounts for about 73 percent of all eDiscovery production costs.  The simple rule of thumb is this:  the less documents you send to outside counsel, the more you will save on litigation costs.

 

I’ve built an online spreadsheet in Office 365 that calculates the savings that that can be achieved via in-house early case analytics.  It compares Quantum’s In-House Early Case Analytics Model to the Typical eDiscovery Model.  Feel free to modify it to suit your needs.  Here is a snapshot of the spreadsheet:

Early Case Analytics Model

 

Every company will have slight differences in their discovery workflow, so I am glad to spend some time with you and the spreadsheet to see how your company would benefit from in-house early case analytics.

For a closer look at In-House Early Case Analytics, see our explanation article here.

Founder & Principal Consultant
Quantum E-Discovery

Jeff believes in saving time and money in e-discovery by applying a variety of analytics tools early in a case, well before moving content to expensive final review platforms. Over the past 20+ years he has accumulated a variety of tools that can be applied as needed in specific situations. Learn about Jeff’s e-discovery philosophy here.

Seeing Litigation as a Project: How Early Analytics Enable You to Count the Cost

Rule 1 of the Federal Rules of Civil Procedure provides the oft-cited goal of the civil justice system—to provide the “just, speedy, and inexpensive determination of every action.” The criteria of just, speedy, and inexpensive align well with the constraints of the project management triangle—scope, time, and cost.

 

Project management professionals know that changing one project constraint invariably causes changes in others, e.g., time can be shortened but the project will typically either cost more and/or the scope will have to be narrowed. Similarly, in civil litigation, speedier results could be achieved if society could tolerate more incorrect or unjust results, or cases could be prepared more thoroughly if there were no budgetary constraints. The question is, “How much discovery is enough?”

Whether a case is filed against your company or if your company is filing suit, you should consider counting the cost prior to sending large quantities of documents to outside counsel for review.  Attorney review typically accounts for about 73 percent of all eDiscovery production costs.  In-house early analytics helps you count the cost of litigation before the heavy lifting begins (ingestion and attorney review) by helping you determine and adjust the scope of the project before incurring significant outside counsel attorney review costs.

In-House early case analytics help you count the cost and determine scope in three primary ways:

  • It tells you how many documents will be sent to outside counsel.
  • It informs outside counsel as to the nature, scope and size of the document request.  This enables them to make the necessary adjustments with regards to date, custodian, key terms and concepts.
  • Outside counsel is positioned to make proportionality assessments.

When litigation is viewed as a project (and early case analytics informs the design of the project), a measured, well-informed approach can be forged that meets both evidentiary and fiscal requirements.

Founder & Principal Consultant
Quantum E-Discovery

Jeff believes in saving time and money in e-discovery by applying a variety of analytics tools early in a case, well before moving content to expensive final review platforms. Over the past 20+ years he has accumulated a variety of tools that can be applied as needed in specific situations. Learn about Jeff’s e-discovery philosophy here.