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LPS16

publication of the International Legal Technology Association

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LITIGATION AND PRACTICE SUPPORT 23 WWW.ILTANET.ORG | ILTA WHITE PAPER An Australian Perspective on Avoiding Hidden E-Discovery Costs An Australian Perspective on Avoiding Hidden E-Discovery Costs by Shengshi Zhao of NuLegal Pty Ltd We are in the era of cloud computing, where the terabyte (TB) is gradually replacing the gigabyte (GB) as the standard data storage unit. Cloud technology is bringing big data into every part of our lives –– from entertainment to corporate infrastructure, from evidence collection to discovery production. Naturally, this increase in digital footprints is causing the difficulty and costs of the e-discovery process to expand. Unlike a growth in hard copy volume, when data volume increases, it aracts lile visibility from the client, and therefore heightened costs are overlooked. Vendors and legal technology services (LTS) staff sometimes feel more comfortable sticking to traditional approaches that keep these hidden costs undiscovered, while litigators rarely understand the process well enough to implement a cost-saving strategy. Clients are le to cover the e-discovery bill in frustration. Traditional approaches are being challenged. In this digital age, it is time to adapt to a new cost-saving workflow. We in LTS must look at the methods we have been relying on for years and ask ourselves a question: Is this the best way, or are we guilty of incurring hidden costs? Hidden Costs in Early Case Assessment (ECA) The classic E-Discovery Reference Model includes data identification, collection, processing, review, analysis and production. In the cloud era, data volumes are forcing us to reconsider this classic approach. Imagine that a client shows up with one TB of data for discovery. That means you will deal with approximately 10 million documents. In a case like this, extensive analysis needs to happen before

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