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Discovery methods key to legal outsourcing cost control

Discovery methods key to legal outsourcing cost control

Cost-conscious LPO clients are expecting increasingly efficient e-discovery results from their solution providers, according to the Metropolitan Corporate Counsel. The news service reports that blue-chips' demands for competency are escalating as the trade continues to evolve. In its article, the Counsel interviewed representatives from document specialist, Applied Discovery, and leading legal outsourcing provider, CPA, to assess the development of this crucial LPO area.

Applied Discovery Senior Director, Rob Hellewell, drew attention to the amended US Federal Rules of Civil Procedure, which make provisions for case schedules based on the need to conduct discovery research at pre-trial stage. Hellewell said: 'The volume of raw data we see in projects continues to grow. Storage is cheap, and increased awareness of e-discovery obligations … contribute to a rise in the volume of raw data identified as being potentially relevant.' He added that technology for culling and reviewing data was improving, allowing clients to be more selective. Meanwhile, CPA Legal Process Consultant, Brandon Daniels, outlined the risks linked with cost-saving methods in document collection – particularly for clients with multiple handlers. Collecting from only a portion of them, he said, may lead to further discovery disputes down the line, while self-collecting could leave too much to chance: 'Increasingly,' he said, 'we see situations where companies and law firms are being held accountable for deficient collection.'

Hellewell and Daniels agree that automated systems for deleting stored data are no substitute for thorough and detailed review procedures. Often, clients who run automated data destruction software on their archived material open themselves up to yet another risk – that more recent files, such as emails, may be left without chains of past documents to support them, and will be forced to stand alone as evidence. This situation may arise from the use of methods such as keyword-triggered deletion, which is unlikely to be discerning enough to see which documents should be set aside in order to provide backup in the future.

CPA and Applied Discovery spoke to the Counsel shortly before announcing that they are providing a contingency for these very risks, in the shape of a strategic alliance. In plans revealed on 16 September, the companies are partnering up to offer an integrated and comprehensive document recovery package that will work at the forefront of LPO. Applied Discovery's Vice President of Sales and Field Operations, Jon Resnick, said in a press release that his company 'has rigorous certification standards for document review partners. CPA meets these standards, and we look forward to capitalising on our new relationship and continuing to provide our clients with the unparalleled service that they have come to expect.'

CPA's Senior Vice President of Legal Services, Kevin Reilley, also welcomed the venture, citing the raw data in the field as ripe for effective management. 'Our suite of legal outsourcing services, including document review, is a much-needed solution for corporations and law firms,' he said. 'Joining forces with Applied Discovery furthers CPA's ability to service our clients in the contract and document review area by enabling us to control the escalating costs of discovery while maintaining quality and confidentiality.'

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