JAMES K. WAGNER JR., MAUREEN O'NEILL AND DAVID SHUB DISCOVERREADY
Five Keys to Cutting the Cost of Discovery
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he expense of conducting discovery in complex litigation has become so high that cost concerns often drive the litigants' strategy to a greater degree than the actual merits of the dispute.
The discovery "tail" wagging the litigation "dog" is an unfortunate consequence of the massively large volumes of information that must be sifted through to find the relevant, responsive, non-privileged information subject to production. But there are
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strategies for reducing the cost of document discovery. Five of the most important ones include the following:
MANAGE THE NUMBER OF CUSTODIANS INVOLVED The more custodians whose emails, documents and other information must be collected and examined, the higher the cost of document discovery. Consequently, one key strategy to reducing cost is to limit the number of custodians at issue. Litigants should continuously
