Cracking the Code on Cross-Matter eDiscovery Management Tools

Selecting the right tools and activities for managing cross-matter discovery can make all the difference in maintaining efficiency, controlling costs, and ensuring compliance. However, choosing the best approach is far from straightforward, as each organization faces unique needs and challenges.

Whether opting for insourcing, outsourcing, or a hybrid model, the decision requires careful evaluation of numerous factors such as cost, control, and responsibility. This article explores the critical considerations involved in selecting cross-matter eDiscovery management tools, with practical insights into how businesses can streamline workflows, reduce risks, and improve predictability when managing discovery processes across multiple legal matters.

From evaluating core competencies to crafting the perfect Request for Information (RFI), this article offers the essential considerations to make for informed, strategic decisions for effective cross-matter discovery management.

Early Key Considerations for Choosing eDiscovery Management Tools

When organizations start managing discovery processes proactively, they often curb taking a case-by-case approach to decide which tools and services to use. This typically involves licensing platforms, purchasing services individually, and treating each matter as unique. While this starting phase offers flexibility, it lacks predictability and consistency. Although this approach works well for organizations with occasional legal matters, as the frequency of cases increases, the inefficiencies and unpredictability become evident.

A more predictable and consistent strategy involves consolidating and standardizing activities into fewer tools and workflows. These can be handled either internally, externally, or through a combination of both. However, the balance between cost, control, and responsibility will differ for each organization. Given the varying service needs and preferences of each business, there is no one-size-fits-all approach when it comes to choosing the proper tools for cross-matter discovery management.

Insourcing vs. Outsourcing eDiscovery Activities

Insourcing involves bringing one or more eDiscovery tasks in-house, granting the organization maximum control over execution. For example, insourcing collection allows you to control the data collected, how it’s gathered, and how specific the collection is. This control can lead to more consistent processes, reducing risk, improving defensibility, and potentially lowering downstream costs for each project.

However, insourcing comes with trade-offs, primarily higher costs and greater responsibility:

• Specialized software and hardware for tasks like collection, processing, or review hosting can be costly. Licenses might range from thousands to hundreds of thousands of dollars, and necessary hardware or cloud resources are similarly costly. Additionally, ongoing training and certification are required for employees overseeing these tools.
• While organizations are always responsible for their discovery activities, insourcing increases their direct responsibility for creating best practices and reliable processes. There's also the risk of employees becoming affiants or witnesses for those processes, which could disrupt operations.

Outsourcing, on the contrary, offers significant benefits in terms of cost and responsibility. By consolidating discovery activities with one service provider, organizations can negotiate better rates due to increased volume and long-term commitments. Having fixed pricing for a contract term also enhances cost predictability. Moreover, outsourcing puts the burden of best practices, technical accuracy, and process testimony on specialized experts.

The main downside of outsourcing is a loss of control. While the organization still manages the outsourced activities, it doesn’t have the same level of oversight as when performing them internally. Some companies may also feel uneasy about relying on one provider for all services and prefer to spread their risks by using multiple providers.

Many organizations choose a hybrid approach, balancing insourcing and outsourcing to standardize activities where possible while retaining flexibility.

Assessing Tools and Services

Evaluating tools and services involves more than dashing to select a solution for an immediate project. It’s a proactive process aimed at evaluating technology, services, and providers for new technology adoption, outsourcing, or provider selection. This evaluation often happens through a Request for Information (RFI) process, in which a service buyer gathers desired information from potential providers in an organized manner to facilitate comparison. An RFI helps the organization create a focused inquiry based on its specific needs and preferences.

Core Competencies to Evaluate

When crafting an RFI, consider the scope of capabilities that will be crucial depending on the solution you need. Some competencies apply across all services, while others are specific to certain service types or project phases. The following are examples of the most common and fundamental inquiries to get you started, allowing you to narrow down specific core competencies for investigation:

General Competencies Across All Services:

• Does the tool or service meet your organization’s data security and protection standards?
• Are data backup and recovery capabilities adequate and timely?
• Is the tool or service compliant with relevant data privacy laws?
• Does the provider have an effective conflict-checking and management process?
• Are the support hours and communication channels compatible with your needs?
• Do the provider’s project managers have suitable experience and certifications?
• What client support is available, including training and expert consultation?
• Does the provider offer experience with affidavits, testimony, and meet-and-confer support?
• What are the provider's pricing models, and how financially stable are they?

Collection Services:

• Does the tool or service support the collection of data from your specific sources (servers, PCs, mobile devices, collaboration tools)?
• Does the service ensure forensic soundness and provide proper documentation for the chain of custody?
• Can it directly import data from enterprise and cloud sources via APIs?
• How transparent is the tracking and reporting for collections?
• Does the service maintain secure media storage for collected materials?

Processing Services:

• What software platforms are used for data processing (industry standard vs. proprietary)?
• Are the platforms compatible with your typical data types?
• What is the processing throughput of the tool or service?
• What filtering options are available during processing?
• Can index creation be customized, and how is it handled?
• How does the tool manage exception tracking and processing reporting?

Review Hosting Services:

• What platforms are used for review hosting (industry standard vs. proprietary)?
• Can different platforms be combined if necessary?
• What data analysis and culling capabilities exist for organizing and prioritizing materials before review?
• What are the system’s technical requirements, availability restrictions, and simultaneous user limits?
• What administration options are available for managing access, roles, and permissions?
• What tools are available for designing and managing review workflows?

Review Services:

• How does the service provider manage its review teams, and how quickly can they scale?
• What is the typical experience, training, and certification of reviewers, and are they familiar with your common matter types?
• How are review projects managed, and how transparent are the processes?
• How are review projects designed, and what technology-assisted review workflows are employed?
• What machine learning or AI tools are used in document review, and how are they validated?
• What quality control standards and methodologies are applied?

Production Services:

• Can the service provider generate productions in various formats (e.g., native, imaged, hybrid)?
• Are they experienced in producing to specific technical standards (e.g., DOJ Antitrust Division specifications)?
• What is the typical production throughput and lead time?
• What quality control steps are in place for production deliverables?

Choosing Your Tools Checklist:

1. Assess what balance of insourcing and outsourcing is the best fit for your needs.
2. Identify tools and service providers that align with your requirements.
3. Create an RFI to gather structured information from potential providers.
4. Ensure you address data privacy concerns and other issues.

Having What You Need at Your Disposal for Cross-Matter Management

Selecting the right tools and services for eDiscovery is a critical decision that impacts both the efficiency and effectiveness of your organization’s legal processes. Whether you choose to insource, outsource, or adopt a hybrid approach, it’s essential to evaluate your options carefully and weigh the trade-offs including cost, control, and responsibility. By proactively assessing the capabilities of potential tools and service providers, and aligning them with your specific needs, you can enhance predictability, streamline workflows, and reduce risks.

Cross-Matter Management Expertise at Consilio

That is where working with competent, seasoned legal experts comes into play. Undertaking organizational self-evaluation, investigating tools, and developing new standardized processes are both challenging and burdensome, but we at Consilio can carry that burden for you and bring our wealth of past experience to bear.

Our legal experts offer a personalized approach for your cross-matter management needs and are there for you every step of the way.

Our legal experts offer thoughtful planning and careful evaluation to help your organization save significant time, resources, and costs down the road, allowing your team to focus on what truly matters: achieving favorable outcomes for your clients or your business. Contact us for your cross-matter management needs today.

Applying the Aurora Portal from Consilio

Aside from our team of legal experts, we now also offer a breakthrough tool called Aurora, Consilio’s Digital Enterprise Platform that includes powerful integrated dashboards that create new visibility and freedom for clients as they manage their matters. You can leverage AI models you choose to find critical insights early, as well as deploy data to your preferred review platform.

Aurora has many key functionalities, including the Aurora Portal,  which provides a single pane of glass view into your team’s entire legal portfolio. Its features include analytics and reporting tools that provide real-time insights, along with intuitive matter management tools to streamline your workflows.

The Aurora Portal provides complete transparency and control across all review platforms and matters with real-time visibility and powerful analytics.

All in all, not only does it democratize data access, but it also grants you access to refined workflows that have been at the core of Consilio's service for decades. 

Interested in learning more about cross-matter management in eDiscovery?