In today’s data-driven world, litigation often hinges on electronically stored information (ESI). The choice of an eDiscovery vendor is critical, as it can significantly impact the efficiency, cost, and outcome of legal proceedings. These questions to ask a prospective eDiscovery vendor will help to ensure you make an informed decision.
Before embarking on the selection process, take time to understand your organization’s eDiscovery needs. Consider the volume of data, the types of cases you handle, and the capabilities you have in-house.
Once you have developed a picture of your data environment and your business needs around eDiscovery, take time to thoroughly vet possible vendors. The following questions provide a great foundation for the vetting process.
1. What Is Your Experience with Cases Like Ours?
Ask prospective vendors about their specific experience in your industry. Additionally, determine whether they have a proven track record of managing cases of your size and complexity. This will include the types of data involved, as well as the complexity of the litigation and the jurisdictions in which you operate. Request specific examples.
You will also want to get a sense of the vendor’s technical and legal prowess. Establish whether their employees are certified in the tools they use and what level of legal understanding they possess. For instance, does the vendor have legal professionals on staff?
2. How Will You Ensure Data Security and Compliance?
Gathering and processing data for litigation involves significant compliance and security considerations, and data breaches can prove catastrophic. Ensure that the vendor has stringent security measures in place to protect sensitive information from unauthorized access. Also inquire about their compliance with regulations such as HIPAA or GDPR, as applicable.
For example, eDiscovery vendors should implement robust data encryption mechanisms. They must also be able to demonstrate granular access controls to limit who can view or modify data within the eDiscovery platform. Role-based access will prove essential.
Inquire about detailed audit logs and ensure that the vendor will maintain a proper chain of custody for all data collected. Verify that the vendor has sufficient controls in place to avoid spoliation of evidence.
3. Can You Describe Your Process for Data Collection and Management?
eDiscovery technology can drastically affect the time, cost, and risks involved. Inquire about the vendor’s methodologies for data collection, ensuring they are defensible and efficient. Additionally, discuss how they handle data processing, review, and production.
Verify that prospective vendors can handle data from various sources, including documents, emails, databases, social media, and cloud storage. Look for providers that offer advanced search capabilities, data processing, and analytics tools that can reduce the volume of data and quickly identify relevant information.
Learn about the vendor’s technology infrastructure. That is, do they use cloud-based solutions that offer scalability and security? And do they facilitate early case assessment (ECA) powered by AI, predictive coding, and smart filtering?
4. Cost Transparency: What Is Your Pricing Structure?
eDiscovery can prove to be one of the more costly aspects of litigation. Avoid surprises by requesting a clear breakdown of fees, both the base price and tasks that would incur additional charges. Vendors may use a variety of pricing models.
For instance, the vendor may use traditional line-item billing, charging fees for tasks such as data collection, analysis, hosting for review, and production. Specialized tasks like optical character recognition (OCR) may be charged individually.
On the other hand, the vendor may charge a fixed fee for a specific legal matter or a flat fee based on the data size ingested or the amount of content that requires review. Choose a vendor with a pricing model that suits your company’s needs while ensuring predictability and transparency.
5. What Is Your Strategy for Project Management and Communication?
Clear and consistent communication provide the foundation for a successful eDiscovery process. Consequently, you should look for a vendor that offers comprehensive support and training for your in-house team.
Additionally, know who to contact with any questions and verify how frequently the vendor will deliver updates on the case. Ask about the lead time required for processing and production, as well as about the vendor’s approach to project management and issue escalation.
More Questions to Ask a Prospective eDiscovery Vendor
The answers to the critical questions above will help you to gauge the vendor’s capabilities and determine whether they will provide a fit for your organization. You should also ask for and follow up on references. And you should request a trial or demo of the vendor’s services to give you hands-on understanding of the platform’s features and usability.
The eDiscovery vendor you use will directly affect the success of your legal matters. Take the time to ask the right questions so that you can confidently choose a vendor that will meet your current needs while supporting your long-term objectives. The eDiscovery experts at Messaging Architects will help you explore various options and determine the right fit for your business.
