There are several key decision points early in case development when planning and budgeting for e-discovery that can help control costs. Decisions made in information governance, choosing a vendor, and negotiating an ESI protocol can save money throughout the life of a case.

The best time to start planning for e-discovery happens before any need for litigation arises. Planning and preparing before litigation arises by advising your clients on information governance issues including data retention and legal holds is laying groundwork to save your clients costs in the long run. Up-to-date data mapping and a robust data retention policy will make planning and budgeting for collection easier and help keep costs lower by reducing irrelevant or duplicative data. (See “Manage Risks by Developing a Robust Document Retention Policy,” CFMA Building Profits, January/February 2020). Having a standard legal hold policy in place will also be beneficial to planning and budgeting when litigation arises. There are legal hold management solutions including software and services from vendors and platforms that include notifications, custodian questionnaires and data preservation of standard enterprise software applications. (See, e.g. https://www.plusnxt.com/corporate-technology; https://www.opentext.com/products/legal-hold; https://www.legal-suite.com/in-house-counsel-departments/add-ons-overview/legal-hold.htm).

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