Issue link: https://epubs.iltanet.org/i/43390
FIVE KEYS TO CUTTING THE COST OF DISCOVERY the bid is requested, so that the true cost of the bid is understood and all the submissions can be compared effectively. Also, the underlying assumptions around every cost estimate should be reviewed. For example, one vendor may quote a price that assumes that an average GB of data contains 10,000 documents or files; another vendor may assume that number is 15,000. Obviously these differing assumptions will impact the prices quoted, and neither assumption may turn out to be correct when the actual data is collected and analyzed. Finally, when deciding how to distribute work in the discovery process, it's important to remember that the resource assigned to the work must be reflected correctly in the RACI matrix. Expensive For example, consider quality control in the context of a document review involving 500,000 documents, 25 of which are miscategorized based on the same misunderstanding of criteria. Random selection of 10 percent of the documents for re- review (50,000 documents) leaves 450,000 documents without any quality control consideration. It would not be surprising if most — or even all — of the 25 miscategorized documents existed within those remaining 450,000. Even if some of the 25 were selected and corrected, the bulk of the miscategorized documents are likely not to be selected randomly for re-review and remediation as part of the quality control group. A better strategy is to seek out and identify documents with a particular miscategorization. Under this approach, the likelihood of finding those 25 documents is much greater. discovery disasters are likely to occur when work is assigned to a resource who does not acknowledge responsibility or accountability for the work. KEEPING COSTS IN CHECK Discovery is expensive, especially as exabytes of data are created every day. But there are some strategies that can keep discovery costs in check and enable parties to conduct discovery within a reasonable litigation budget. Following these strategies will allow litigants to focus on the merits of their disputes, and not on the costs that sometimes prohibit them from reaching a resolution. ILTA Quality testing occurs at or near the end of a process to ensure that quality has been achieved. Typically, quality testing (or "quality assurance") involves checking a random selection of the work product to verify that the process delivered accurate, consistent results. During this phase, a discovery team member reviews a random sample of the work product, assesses whether it is correct and makes any necessary corrections. Where feasible and appropriate, the results of the testing are analyzed statistically to demonstrate a confidence level in the accuracy of the entire process. When errors are identified, an appropriate search is conducted to determine whether a more widespread problem exists (and if so, to correct those errors). The quality testing results are then incorporated into a final project report. ILTA www.iltanet.org Corporate Law Departments 37