Benefits of measuring e-discovery metrics
Avoiding unexpected surprises
One of the biggest challenges for legal teams when faced with litigation is determining the value and potential costs of a case-and avoiding unexpected surprises.
Why Metrics Matter
The inherent benefits of tracking and keeping historical metrics for e-discovery is simple: to control and predict risks and costs associated with litigation. E-discovery metrics enable legal teams to:
- Explain what happened
- Budget more effectively
- Determine future investments
- Improve processes and quality
Legal teams should rethink when and how they can utilize metrics. With the right historical metrics, the scope of discovery can be reduced early in the case life cycle, well before the Federal Rules of Civil Procedure (FRCP) Rule 16 Scheduling Conference. Having defensible metrics to present to the court when arguing how long discovery will take or how much it will cost can be invaluable in arguing a party’s position in the conference. This capability is also especially critical for building proportionality and cost burden arguments, with the results directly affecting what needs to be collected and reviewed for the case.
By going into the negotiations with metrics rather than pure guesses, a firm’s position is strengthened during the meet and confer process, and through the internal management of a matter.
Metrics can improve information governance policies, interdepartmental communications, staffing, technology investments and overall legal department processes. With the growing sophistication of e-discovery, anyone managing these projects must have a working knowledge of metrics and what metrics mean for their organization. After all, you cannot predict and control e-discovery costs if you cannot measure them.
Discovery Insights: Five questions