Selecting an E-Discovery Vendor
As the volume of electronically stored information and the volume of litigation increases, the number of companies providing e-discovery and litigation services is also increasing. Though there is an overwhelming number of vendors in the e-discovery sector who brand themselves as experts providing “full service,” it is not at all an easy process to choose an expert vendor from the lot.
Why Do We Need the Services of E-Discovery Vendors?
The e-discovery process involves the identification, collection, preservation, and retention of electronically stored information in an organized and logical manner. This phase of e-discovery starts before or after an e-discovery request is received. An e-discovery vendor steps in if the enterprise or organization is not in a position to perform e-discovery tasks properly and accurately. With the help of an e-discovery vendor, enterprises and organizations can assist their attorneys in preparing a robust case in their defense.
Roles and Responsibilities of E-Discovery Vendors
As explained above, the services of an e-discovery vendor are sought if an enterprise has little experience or does not have the expertise to manage the e-discovery process diligently. Once e-discovery vendors join, they have their work cut out for them. Their responsibilities include:
· Working with the company’s IT team to determine the location of electronically stored information
· Retrieving information without corrupting the data
· Accessing equipment to read and retrieve legacy data
· Reducing the data volume to relevant and important files
· Providing data in a format that can be easily reviewed by attorneys
· Offering forensic services in case the data is challenged
Selecting an Expert E-Discovery Vendor
The e-discovery vendor plays a pivotal role in the whole electronic evidence discovery. And with courts being very strict regarding e-discovery, enterprises and organizations cannot afford to be of two minds when selecting a vendor for their e-discovery needs. Let’s look at some factors that need to be considered to best evaluate the qualities and capabilities of an e-discovery vendor.
· Proven Track Record
Ensure that the vendor has the experience and expertise to handle e-discovery projects. Their record of accomplishment should sufficiently prove their capability at handling complex cases and evidence. They should have the ability to successfully evaluate the mistakes committed by other vendors and competitors and learn from it. They should have a thorough understanding of the ins and outs of the process.
· Appearances Are Deceiving
Since first impressions can be deceptive, ensure that you are 100% confident in their capability to handle top e discovery projects. Visit their office so that you get to know their work culture, like whether they sub-contract all or part of their services, the strength of their employees, the number of resources they have, their strengths and weaknesses, etc. This could save you from being deceived by a vendor who assigns a novice after promising an expert to manage your e-discovery process.
· Perform Reference Checks
·Once an e-discovery vendor impresses you, make all possible background checks on them. Get a list of their clients, and get to know their experiences working with this particular vendor.
· Choose Vendors that Suit your Needs
·Understand your requirements before making the choice. For a simple ediscovery litigation, you may not need an expert in the field who handles complex litigation. Therefore first understand the capacity required for your project, and then make your pick.
· Beware of “Full-Service Providers”
·Many e-discovery vendors market themselves as full-service providers. However, instead of immediately selecting a one-stop source for litigation support services, enterprises should actually make their choice based on what they (vendors) are best at.
Choosing an e-discovery vendor is no easy task, but most people make the mistake of choosing based on cost. However, cost alone cannot be the decisive factor since other aspects, such as data security, data privacy, performance, and quality, also play a pivotal role in the choice of a good e-discovery vendor.
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