“If your clients don’t have a records management system, they may as well take their money out into the parking lot and set it on fire.”
– U.S. District Court Magistrate Judge John Facciola (now retired, and missed)
We all know that ediscovery is expensive, and various research reports have so confirmed. The 2012 Rand study, Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery, found that median costs for collection, processing, and review are $17,507 per gigabyte (roughly 3,500 documents or 10,000 e-mails). The math is not pretty – a case involving 482 GBs of source data could exceed $8 million in ediscovery costs.
And on top of that are preservation costs. The 2014 Preservation Costs Survey demonstrated that large companies incur significant fixed costs for preservation (for in-house ediscovery personnel and also for procurement and maintenance of legal hold management and data preservation technology systems), averaging $2.5 million annually. More significant is the cost of employee time lost in complying with legal holds. While companies with up to 10,000 employees incur the average time cost of over $428,000 per year, costs for the largest companies exceed $38 million per year.
There is indeed great complexity in how to cost-effectively process huge amounts of data through the ediscovery funnel. Tighter management of ediscovery processes is important, and TAR continues to be a promising alternative to traditional review, with significant cost-savings potential.
But as we ponder how to cut costs, let’s not forget to use Occam’s razor:
Continue Reading Why govern your information? Reason #12: Unnecessary business data causes unnecessary litigation costs