Why Most Law Firms Should Outsource eDiscovery

Stay on Your Critical Path

It's tempting to think you can do it all, especially for startup founders or solo operators. It's wired into our DNA. I often fall into this habit and have to shake it off deliberately. Like me, I'm sure many lawyers put more on their plate precisely because they're capable enough to handle them. But is this really the smartest way to run your business? It's easy to forget how valuable your time is and what the critical path to success looks like. Often, you're not saving money at all by doing something yourself.

When it comes to eDiscovery, outsourcing can be a game-changer. It enables efficiency and cost savings, allowing you to concentrate on your core strength—litigation.

Understanding eDiscovery

eDiscovery is basically just identifying, collecting, and producing electronically stored information (ESI) in response to a legal request. At first glance, it seems pretty straightforward. We even have a nifty term for the process called the EDRM. If this is your first time hearing of that, don't worry; we have an excellent primer article about it. Anyway, like most things, it turns into a pretty deep rabbit hole once you dive in. It's a complex process requiring specialized knowledge and tools to execute correctly. Understanding this complexity can make you feel more informed and confident about outsourcing.

Without getting too deep in the weeds, I'd like to give you a high-level overview of why outsourcing eDiscovery is likely a no-brainer for your firm. This article is just a four-minute read, written to be easy to digest and remember, and you're already 1/4 of the way through.

Challenges of Self-Service eDiscovery Software

• High Costs: Self-service eDiscovery software requires a substantial initial investment and ongoing maintenance. Training and managing the software can easily exceed the licensing costs. Getting your money’s worth out of these systems often requires at least one full-time employee. This is just one of many reasons that the total cost of ownership is much more than just the purchase price of the software.
• Time-Consuming: Lawyers often spend countless hours learning and using the software, diverting their focus from core legal tasks. Skilled eDiscovery specialists can get tasks done in a fraction of the time at a much lower hourly rate.
• Risk of Errors: Without specialized knowledge, there’s a higher risk of mistakes in handling and processing data, which can be costly and detrimental to a case.

Benefits of Outsourcing eDiscovery

• Cost Savings
  • Lower Upfront Costs: Outsourcing eliminates the need for expensive software purchases and maintenance.
  • Specialist Efficiency: eDiscovery specialists are typically less expensive per hour than lawyers. Plus, their speed is a force multiplier in cost savings. This cost difference becomes significant as the project size increases.
• Expertise and Efficiency
  • Specialized Knowledge: eDiscovery professionals have the training and experience to handle arcane and complex tasks deftly.
  • Faster Turnaround: Specialists can complete eDiscovery processes much faster than lawyers, who might be slower due to lack of experience.
• Scalability and Flexibility
  • Adaptable Resources: Outsourced eDiscovery services can scale up or down based on the project’s needs, providing flexibility and efficiency.
• Access to Advanced Capabilities
  • Digital Forensics Expertise: Traditionally, digital forensics has been outside the capabilities of most eDiscovery software. Forensically sound extractions from digital devices are far outside the skillset of typical legal professionals. Developing in-house expertise in these areas is extremely challenging and requires constant updates.
  • Comprehensive Process: A complete eDiscovery process includes upstream capabilities like digital forensics, project management, and legal holds. These ensure that all data is collected and preserved in a legally defensible manner.

Outsourcing eDiscovery saves money, enhances efficiency, and improves accuracy. The cost savings from using specialists instead of higher-cost lawyers and faster project completion times make outsourcing a strategic move for law firms. The complexity of digital forensics and the need for ongoing expertise make it unlikely that legal professionals could develop and maintain these skills in-house. As the scope of eDiscovery projects grows, these benefits become even more pronounced, making outsourcing the superior choice.

Your expertise is in the courtroom, not behind a computer screen. Are you making the best use of your skills by handling eDiscovery yourself? Let specialists manage the eDiscovery process so you can dedicate your energy to winning cases.

Consider partnering with Black Letter Tech for your eDiscovery needs. Our team of experts is ready to provide you with efficient, cost-effective solutions, including advanced digital forensics. Contact us today to learn more.

Cover Photo by Valentin Antonucci on Pexels