Digital White Papers

NEGOTIATING A SUCCESSFUL E-DISCOVERY CONTRACT The first two phases ensure the parties are wellmatched business partners and able to meet the project's goals. The third memorializes the parties' understanding of the relationship based upon the information learned in phases one and two. The current trend in electronic discovery contracting is to pair two documents, a Master Services Agreement (MSA) with a Statement of Work (SOW), also called a Work Order. The MSA defines the terms of the long-term relationship with a service provider across all projects, and the terms and scope of each project are guided by the SOW. confidentiality agreement in place. This protects any client information that may need to be shared. •SECURITY: Understanding a service provider's security certifications and data protection practices is essential to ensure data remain secure and confidential. Look for security Understanding whether a service provider will be around next year or will have merged is important before choosing to engage a vendor. Furthermore, it's important to include contract language that outlines how data will be handled in the event a service provider merges with another company or goes out of business. 1. DEVELOP A SHORT LIST Getting to know potential partners is time well spent and provides an overview of service offerings needed in the immediate future or for projects to come. Capability, confidentiality agreements, security and financials are important factors to consider during the vetting process. •CAPABILITY: Understand broadly which service providers are capable of taking on the project. Ask whether they offer the appropriate services. Ensure experienced people, workable processes and helpful technologies are available, and that they are defensible, documented and transparent. •CONFIDENTIALITY AGREEMENTS: Before moving further in the process, put a assurances, particularly certifications which require third parties to vet their physical and process abilities. •FINANCIALS: Evaluating financials is critical. As the industry evolves and commoditizes, and the economy changes simultaneously, a service provider's financial history can be a helpful indication of future project successes. A good partner is one that is there for the long haul. Phase one provides a general overview of the market and service providers' abilities, security practices and financial success. From this preliminary review, a short list of potential matches will emerge. 2. REDUCE THE SHORT LIST TO ONE After vetting potential service providers and creating a short list of contenders, continue

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