SUMMER 2019 TODAY’S GENER AL COUNSEL
E-Discovery
In-House Counsel Control of Technology and Review By Thomas Gricks
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n-house litigation counsel are faced with the dilemma of how to do more with less, and at a lower cost. That generally means bringing more legal work inside without the luxury of a commensurate increase in staff, and simultaneously tightening the reins on outside counsel spend. Knowledgeable in-house counsel are managing these dual objectives by strategically leveraging technology and review resources during, and even before, the discovery phase of litigation.
The process often begins with in-house counsel driving an early case assessment (ECA) to scope litigation alternatives and set the path forward. And then, through a careful and considered approach to document review (typically the most expensive component of discovery, and often litigation as a whole), counsel can minimize expense while exploiting the true value of every member of the entire litigation team. Perhaps the most important aspect of an ECA is that it is truly early. An
ECA is an investigative technique devoted to quickly locating the critical evidence that will support or refute positions that may ultimately be taken in pursuing or defending against litigation (or a regulatory investigation, for that matter). Acquiring that knowledge at the earliest possible time will promptly reveal evidentiary gaps and drive all downstream decision making, particularly settlement decisions. An effective ECA, like any other investigative technique, requires the right