Perhaps it’s no coincidence that “discovery” and “debt” start with the same letter, as going through virtual and tangible paperwork, not to mention interviewing witnesses and other parties, doesn’t come cheap. Nicole Harrison of Manion Gaynor & Manning says it’s often one of the most expensive parts of litigation for a company. But she says that “although discovery costs are necessary, the way a business operates can have a significant impact on its bottom line.”
Here are some of her tips for keeping litigation discovery costs down:
- Do some of the work for your counsel: Part of the discovery process is lawyers determining who are the essential people to speak with and where are the important documents. “Doing some of the initial legwork yourself can save your business many hours of attorney fees and will allow your legal counsel to hit the ground running,” advises Harrison.
- Implement reliable communication: Many lawyers bill in six-minute intervals and round up, so one missed call and telephone message could account for one-tenth of an hour in their time on the company’s bill. Let your lawyers know when and where the best times are to reach you and respond to their communication requests immediately, she suggests.
- Create a filing system: Ensure the company has not only a filing system in place, but also policies and procedures about retaining and destroying documents. This is only useful if controls are in place to ensure both digital and virtual documents are returned to their respective places, says Harrison.