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Practice Tips Selecting an Electronic Discovery Service Provider by Linda Alele, O'Melveny & Myers LLP In many law firms, the litigation support manager is tasked with the responsibility to research, interview, evaluate, and select an electronic discovery service provider. The following checklist will assist you in making the right decisions. 1. Know what you want to accomplish. Do you want to host data in-house, or online? Do you want simple data conversion, or do you need a complete electronic document review interface? If you have a large data set or reviewers in multiple locations, you may want to handle the project differently from the way you would manage a small case with data from just a few custodians. 2. Remember: experience counts. Consider whether the service provider has handled cases of similar magnitude, processed similar file types, and managed projects for comparable clients. Every service provider has experienced difficulties with some projects-what they learn from their experiences is the important consideration. These prior situations should serve to make the provider better equipped to handle new projects. Don't be afraid to ask about these issues, and be sure to request references. 3. Assess the provider's review tool. Be sure the application functions properly in the environment in which your users will be working. A flawless demonstration doesn't necessarily mean the application will work well inside your firm. Ask the provider to demonstrate within your firm's networking environment. Functionality of the review tool is also critical. Look for these important features: ability to redact on the fly; ability to make annotations; safeguards to alert a reviewer that document designations have not been saved; and sophisticated search functionality. 4. Evaluate the ability to track the progress of your case. A summary screen or snapshot of the review will enable you to track the volume of data and the progress of your reviewers, and will assist you in monitoring costs as data is uploaded. This helps avoid surprises and miscommunications with your client along the way. 5. Keep in mind that not all service providers are created equal. Although a company advertises "electronic discovery" services, they may not have expertise in this area. Be wary of smaller companies jumping on the bandwagon. Look for proven electronic discovery expertise and quality client service. 
Linda Alele is the Manager of Practice Support at O'Melveny & Myers LLP in Los Angeles. She has been a litigation support professional for 20 years. |
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