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
