John Rosenthal Provides Guidance for Investing in eDiscovery Platforms

eDiscovery & Information Management Practice Chair John Rosenthal provides guidance for investing in eDiscovery platforms in Legaltech News’ “Buying a New E-Discovery Platform? 8 Questions You Need to Ask First.”

Mr. Rosenthal explains that it is crucial to determine how attorneys intend to use a platform. Because 60% of eDiscovery costs are incurred through attorney time, he states that efficiency should be the key driver in choosing a platform.

“Non-attorneys tend to focus on the pure eDiscovery aspects, without focusing on the single most important part—how to use the technology to expedite the review, maintain quality, and reduce costs. The non-attorneys, therefore, need to spend more time understanding the objectives of the case team and then help develop processes around the technology re achieve those objectives. Sounds simple—it is not,” he explains.

Data analytics capabilities are also important to address. For the majority of reviews, the most sophisticated analytics will not be used, so it is important to consider types of analytics that will be used in the average review to reduce volume and increase efficiency.

When deciding which platform to choose, Mr. Rosenthal states that firms should choose one and avoid purchasing multiple platforms to handle different parts of the process.

“By using one platform with a consistent tool set you have the ability to develop work flows to develop a consistent, repeatable, and defensible process for attacking the volume. If you are on a different tool set for each review, it is difficult to bring a consistent workflow and process to bear on the problem,” he says.

When addressing cost, Mr. Rosenthal explains that it is a deceptive term when it comes to eDiscovery. He notes that there are often external costs to operate the software, such as IT and project management resources that might not be included in the basic cost of the hardware/software. Geographic considerations may also be a concern for firms that handle cases in a number of different jurisdictions.

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