Digital White Papers

May 2013: Litigation and Practice Support

publication of the International Legal Technology Association

Issue link: https://epubs.iltanet.org/i/126361

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NEGOTIATING A SUCCESSFUL E-DISCOVERY CONTRACT •THIRD-PARTY USE: Partnering with a known and vetted service provider is important. Limit the ability of the service provider to subcontract without approval. •INTELLECTUAL PROPERTY: Understand where data are stored and who owns what intellectual property. •CONFLICT OF INTEREST: Ensure there are no conflicts of interest, and determine what will happen should one occur. STATEMENT OF WORK (SOW) TERMS: •PRICING: Include agreed-upon pricing terms based on negotiations in phase two. •DATA WORKFLOW: Include the project specifications from agendas, rate cards and conversations developed in phase two, as well as workflow documentation and transparency learned about in earlier phases. AND DON'T FORGET ABOUT… If you are using new technologies, your contract should allow you to build a safety net if the technology does not work. Reviewing a service provider's preliminary contract will also give you insight into the areas that this service provider wants to protect, the areas a service provider values and the areas they might have had problems with in the past. Your clients also have draft contracts that include terms important to the company. Reviewing these can help you establish terms that work well for you and the service provider. NEGOTIATE YOUR WAY TO SUCCESS Getting to know a potential partner can be a timeconsuming process, but it is a valuable exercise that helps build solid working relationships. Successful contract negotiation also creates a relationship through which compromise and mutual benefit can be achieved. •COMMITMENT TO SERVICE: Include the projectbased commitments to service determined during phase two. •APPROVAL OF KEY PROJECT PERSONNEL: Based on your personnel interviews, include the names of personnel you want working on your case. Jenny-Rebecca Lewis is is a manager in the Electronic Discovery and Litigation Support department at Sullivan •DOWN TIME: Memorialize when and how holidays, weekends and down time will be staffed. & Cromwell LLP. In her 12 years at Sullivan & Cromwell, Jenny has worked with the firm's clients and case teams to create strategies that accomplish efficient and effective ways of meeting complex discovery requirements. Contact her at lewisj@sullcrom.com. •EARLY PAYMENT: If possible, create incentives for early payment (within seven or 14 days).

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