Whether you develop detailed annual litigation budgets or manage litigation outside of the budget process, as a GC you are responsible for seeing that the highest level of value is delivered for each dollar spent. The parameters of pricing litigation technology can be complex, confusing and at times seem like a moving target. This column, the third in a three-part series on finding a compatible litigation technology partner, reviews pricing and what you can do to make sure you're getting the best deal.

While there's no set formula that fits every technology purchase, there are some sound principles that can guide you to making the best decisions. The following three have worked well for me:

1. Understanding and communicating your requirements

Sometimes there's a temptation to ask, “How much does it cost,” too early. In order to receive an accurate price quote you have to be able to describe the project scope and requirements in as much detail as possible. I've found the more thorough I am up front, the more accurate the quote I receive. For example, if I'm talking to a technology company about hosting my data for online review and production, I should have a good assessment of the volume of records I want to collect. I also should have determined who I'm expecting to process this data and, if possible, have some estimate of how much may ultimately be hosted and for how long. Additionally, it makes a difference how many users will be on the system and whether or not we need special security for system access, or special record security within the system itself. It also makes sense to discuss other services you might need such as document OCR and electronic document TIFFing. If a technology company knows you intend to use a variety of their services, they're more likely to offer discounts. And finally, don't forget some companies charge extra for training, tech support, and project management–so if you're anticipating needs in these areas talk about it early. The better you outline your project up front, the more likely you'll get an accurate quote and will experience fewer pricing surprises down the road.

2. Finding the capabilities and value you need

When considering technology, especially large litigation applications, it's important to view the big picture and fit the technology to your current needs. A solution that you purchased to fit one piece of litigation may not fit each case going forward. Likewise, the application your outside counsel normally use might not be the right one for your specific needs. Your litigation may be unique, so be discriminating and find the capabilities you need.

I've also found it advantageous to work with a technology company that can help me on more than just one front. In addition to gaining discounts by using multiple services as outlined above, you'll also save time and simplify processes. If the company you use to host document review also can provide OCR, TIFF, and production services, you can minimize the amount of moving parts in the process and save a lot of time.

Finally, don't judge the price until after you thoroughly understand what the technology contributes and how. Keep in mind that technology is a tool to help people do a better, more efficient job. When defending a lawsuit, the cost of the people is the biggest expense. Therefore, with technology solutions, focus less on the initial price and more on the return in efficiency in the overall litigation management picture.

3. Structuring litigation technology cost

Do you want ? la carte or flat-fee pricing? There's definitely a place for both, and I like working with a company that is willing to structure fees either way. If you're certain you're dealing with a straight-forward project with a clear scope and set of requirements, ? la carte might be the best way to go. That way you don't pay for anything you don't need or use, but you must be willing to risk the potential ups and downs of your technology costs.

If, on the other hand, your litigation is like most of mine and you're not certain of its magnitude or duration, then flat fee pricing may be a better approach. Flat fee pricing may have a slightly higher monthly cost initially but has the advantage of shifting the cost risk to the technology company, leaving you free to make service decisions based on what's truly best for your litigation. Additionally, I've found flat fee pricing easier to budget, and this can be a major consideration when defending on-going, longer-term litigation.

Assess your needs and make a decision–your technology partner should be able to work with you either way.

Effectively assessing technology pricing can be a significant task, but finding a solution that meets your technical needs is the primary consideration. Once you've found the technology partner, solution and price that's right, you'll be able to confidently manage your litigation through the use of modern, sophisticated technologies.

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Whether you develop detailed annual litigation budgets or manage litigation outside of the budget process, as a GC you are responsible for seeing that the highest level of value is delivered for each dollar spent. The parameters of pricing litigation technology can be complex, confusing and at times seem like a moving target. This column, the third in a three-part series on finding a compatible litigation technology partner, reviews pricing and what you can do to make sure you're getting the best deal.

While there's no set formula that fits every technology purchase, there are some sound principles that can guide you to making the best decisions. The following three have worked well for me:

1. Understanding and communicating your requirements

Sometimes there's a temptation to ask, “How much does it cost,” too early. In order to receive an accurate price quote you have to be able to describe the project scope and requirements in as much detail as possible. I've found the more thorough I am up front, the more accurate the quote I receive. For example, if I'm talking to a technology company about hosting my data for online review and production, I should have a good assessment of the volume of records I want to collect. I also should have determined who I'm expecting to process this data and, if possible, have some estimate of how much may ultimately be hosted and for how long. Additionally, it makes a difference how many users will be on the system and whether or not we need special security for system access, or special record security within the system itself. It also makes sense to discuss other services you might need such as document OCR and electronic document TIFFing. If a technology company knows you intend to use a variety of their services, they're more likely to offer discounts. And finally, don't forget some companies charge extra for training, tech support, and project management–so if you're anticipating needs in these areas talk about it early. The better you outline your project up front, the more likely you'll get an accurate quote and will experience fewer pricing surprises down the road.

2. Finding the capabilities and value you need

When considering technology, especially large litigation applications, it's important to view the big picture and fit the technology to your current needs. A solution that you purchased to fit one piece of litigation may not fit each case going forward. Likewise, the application your outside counsel normally use might not be the right one for your specific needs. Your litigation may be unique, so be discriminating and find the capabilities you need.

I've also found it advantageous to work with a technology company that can help me on more than just one front. In addition to gaining discounts by using multiple services as outlined above, you'll also save time and simplify processes. If the company you use to host document review also can provide OCR, TIFF, and production services, you can minimize the amount of moving parts in the process and save a lot of time.

Finally, don't judge the price until after you thoroughly understand what the technology contributes and how. Keep in mind that technology is a tool to help people do a better, more efficient job. When defending a lawsuit, the cost of the people is the biggest expense. Therefore, with technology solutions, focus less on the initial price and more on the return in efficiency in the overall litigation management picture.

3. Structuring litigation technology cost

Do you want ? la carte or flat-fee pricing? There's definitely a place for both, and I like working with a company that is willing to structure fees either way. If you're certain you're dealing with a straight-forward project with a clear scope and set of requirements, ? la carte might be the best way to go. That way you don't pay for anything you don't need or use, but you must be willing to risk the potential ups and downs of your technology costs.

If, on the other hand, your litigation is like most of mine and you're not certain of its magnitude or duration, then flat fee pricing may be a better approach. Flat fee pricing may have a slightly higher monthly cost initially but has the advantage of shifting the cost risk to the technology company, leaving you free to make service decisions based on what's truly best for your litigation. Additionally, I've found flat fee pricing easier to budget, and this can be a major consideration when defending on-going, longer-term litigation.

Assess your needs and make a decision–your technology partner should be able to work with you either way.

Effectively assessing technology pricing can be a significant task, but finding a solution that meets your technical needs is the primary consideration. Once you've found the technology partner, solution and price that's right, you'll be able to confidently manage your litigation through the use of modern, sophisticated technologies.

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