One of the most frequent requests I receive from lawyers is asking for assistance with their discovery. The conversation usually goes something like this –
How can I help ? – We need assistance with our discovery.
How much information do you have? – We have 5 boxes.
Is the information available electronically? – I don’t know, I just asked the client to send the documents to us.
What was agreed in the discovery order? – Umm, just to provide electronic discovery.
How do you want me to assist? – How do we comply with this listing and exchange protocol? We just need the documents scanned and listed, right?
btw, the deadline is this Friday…
Let’s go back a step (or two) !
Obviously I can still help with these requests, but engaging external expertise needs to come a lot earlier to realise the true value. Too often lawyers seek assistance far too late in the process. Turning attention to discovery far too late in the process diminishes the value that I can provide.
My involvement is coming far too late in the process to help the law firm and their client achieve a more efficient and cost effective discovery process. The real value is how my expertise can assist early in the process to help minimise costs, but also develop a strategy that works best for you and your client.
Many law firms continue to spend considerable time and money scanning and listing documents – when there are more effective ways to approach discovery.
Invest some time at the outset
If you do find the discovery process expensive, complicated and time consuming, then it is at the very least worth investing 30 minutes at the outset of the matter to consider the best way to approach the exercise. The time invested could save thousands of dollars down the track, whilst also lessening the burden of discovery for you and your firm.
The more time invested at an early stage will help provide a considerable strategic advantage prior to agreeing a discovery order with opposing counsel. Those that invest more time in planning for discovery will be in a more informed position to help develop their overall case strategy and ensure a more successful and cost effective discovery process.
With the proliferation of information and requirements to be more proportionate in the approach to discovery, there is going to be greater need to develop an effective strategy to manage discovery. If an effective discovery strategy is not developed then the costs of the discovery process will continue to spiral out of control.
On the next matter don’t leave it until it is too late – it is at worth picking up the phone at an earlier stage. It may be that I can help you devise a more strategic, efficient and cost effective approach to discovery.
