Today’s top law firms and their corporate clients are struggling to find the right combination of people, processes, technology and facilities to effectively control the quality and costs of electronic data discovery. The risks are acutely visible for those who stumble: not just court-ordered sanctions, but lost data, cases, clients, profits, and reputations. So how can major firms speed up the processes, hire the right personnel, meet ethical obligations to protect client confidentiality, cooperate with opposing counsel, maintain proportionality (i.e., not spend more on EDD than appropriate for the potential exposure of a case) yet quickly find and process appropriate data? There’s no "one size fits all" single answer, but four models seem to be developing as loose frames:
Many firms including Littler Mendelson; Fenwick & West; Winston & Strawn; and K&L Gates have established dedicated e-discovery practice groups, to keep most EDD functions inside their walls. Typically, these teams include both partners and associates, and often include staff and/or contract attorneys who primarily handle document review. Many have document review facilities in their offices or nearby. In some cases, these firms market themselves to other law firms, offering to serve as e-discovery counsel.
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