John Rosenthal Discusses eDiscovery Competitive Landscape with ABA Journal

eDiscovery & Information Governance Practice Chair John Rosenthal was quoted in the ABA Journal article “Are Lawyers Better at Evidence Collection than Tech Companies?” published on November 1, 2015. The article weighs the benefits of in-house eDiscovery practices against the numerous technology companies servicing the legal industry.

According to the article, there are thousands of companies competing in the eDiscovery industry. As a result of the highly competitive market and the judicial emphasis on preserving electronic evidence, several large law firms have developed full-service in-house practices that are not just a litigation support team for firm’s own cases, but actively compete in the open market.

Vendors assert that law firms cannot offer the same level of technical expertise and competitive pricing, but Mr. Rosenthal argues in-house practices such as Winston’s deliver better service that is integrated with the legal services being provided and is therefore more effective and potentially less expensive.

“An outside vendor cannot do a deep download on formal intake, understand the facts,” said Mr. Rosenthal. “In a typical case, clients and vendors take weeks or months to get up to speed. Because we’re behind the firewall, when we’re hired we see the data and begin working on it in days.”

Mr. Rosenthal also notes that, unlike eDiscovery vendors, Winston maintains two review centers, offering better personnel and processes than third-party vendors, which often hire contract attorneys for particular matters. 

“It’s easier to hire contract reviewers as needed, but then you have to train them and get people up to speed,” says Rosenthal. “Our people are on staff and ready to go, and if you look at the total project cost, it is going to be the same or much lower than anyone out there.”

To learn more about Winston’s eDiscovery & Information Management Practice, click here.