E-Discovery Budget

The first step in budgeting is to prepare an estimate based upon your best guesses and assumptions about the data to be collected.  Remember, the opposing party will undoubtedly respond to your discovery requests as burdensome, not relevant, overbroad, inaccessible, and too costly.  In anticipation of these objections, you will need to practice what is called "anticipatory e-discovery" to take the steam out of the objections from the opposing party.

Some factors to be considered should include:

1. Volume.  Volume is almost always the largest driver of cost.  Mortgage foreclosure issues surrounding Assignments of Mortgage will not encompass a lot of volume.
2. Scope.  It will be wise to start with the smallest possible scope and expand if necessary.
3. Efficiency.  Plan an E-Discovery strategy in advance that will allow for an efficient human review of the documents obtained.
4. Timing.  Time is of the essence.  More time for E-Discovery activities will optimize efficiency and minimize mistakes and costs.
5. Risk.  Mitigating risk up front through agreement and cooperation with the opposing party will help define where you stand and eliminate potential risks in the future.
6. Location. Location. Location.  Where the data is located can affect costs so can the jurisdiction of the case.

(Human review will be more accurate when doing small scale review)

For more information on e-discovery budgeting contact A. Johnson & Associates, LLC at 888-502-0586, or ajohnson@ediscoverynow.net.

DISCLAIMER:  We are not attorneys. We are not engaged in rendering legal advice. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.