publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/518940
ILTA WHITE PAPER: MAY 2015 WWW.ILTANET.ORG 10 custodians work? Are there key custodians that must be monitored more closely due the nature of their work? • Case Data Profile: How long did the case take to manage? Did the case settle or go to trial? At what stage of the process did the case settle? How many hours were spent by outside counsel or third parties on the case? MEASURE TO PREDICT Metrics can improve information governance policies, interdepartmental communications, staffing, technology investments and overall legal department processes. With the growing sophistication of e-discovery, anyone managing these projects must have a working knowledge of metrics and what metrics mean for their organization. After all, you cannot predict and control e-discovery costs if you cannot measure them. example, if the variance between the parties is millions of dollars and years to complete, those are important facts, especially when the additional custodians are peripheral, at best. Scenario Two: Another example is related to pre-review filtering. Let's assume the requesting party is objecting to the use of alternative filtering criteria like email thread suppression. If the attorney can demonstrate that use of an email thread suppression workflow would eliminate an additional X percent of documents from review and production while the requesting party is still receiving responsive, not privileged content of the suppressed email messages, it strengthens the organization's position. Case Management: Best explained in scenario three: Scenario Three: Regarding internal management, there are several ways to leverage metrics to control costs and quality. During review, metrics can be used to identify the average review rates per reviewer per day and the appropriate levers — including type of review and how the data were collected — to properly staff for matters and meet project deadlines. Metrics can also inform the purchasing of outside provider services and, if used appropriately, can assist in adding "buying" power. For example, being able to track, year-over-year or case-to-case, the amount of data collected, processed, reviewed and produced, as well as the various profiles and levers applied, can deliver much-needed intelligence for negotiating volume discounts or relationship-level alternative fee arrangements. By going into the negotiations with metrics rather than pure guesses, a firm's position is strengthened during the meet and confer process, and through the internal management of a matter. ENRICH YOUR PORTFOLIO Once a standard process for keeping and utilizing metrics has been established, legal teams can also use metrics to help uncover numerous facts about their legal portfolio and/or corporate environment, including: • Corporate Data Profile: What data sources are most frequently being preserved and collected? Was data collected that should have been deleted as part of the company's retention policy? Who are the primary data stewards? Are data in the current case relevant to other matters? Can the data be released from hold? • Custodian Data Profile: Who are the custodians involved? Are the custodians subject to other matters? In what divisions do the BENEFITS OF MEASURING E-DISCOVERY METRICS