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 by Jenny Lewis of Sullivan Cromwell Building a relationship with an e-discovery service provider is often compared to building a long-lasting friendship or a marriage, and for good reason. Engaging a service provider creates a professional bond, a partnership, whereby two or more companies bind themselves together to complete an often complex and — even when well-planned — time-consuming e-discovery project. With the help of three experienced e-discovery professionals — Eric Lieber of Toyota Motor Sales, U.S.A., Inc., Julie Richer of American Electric Power and Tom Morrissey of Purdue Pharma — we've created a guide to negotiating successful e-discovery contracts. HAMMER OUT THE DETAILS Successful contracting begins well in advance of negotiating the actual contract. Researching, vetting and working toward a mutual understanding creates a symbiotic relationship with a service provider. This relationship forms the building blocks of the contract. This foundational process can be divided into three phases: 1. Develop a Short List 2. Reduce the Short List to One 3. Put It on Paper

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