Crane on Law by James Crane

When you go into battle, you want to trust the person next to you. High-stakes litigation is a lot like war, and if the vendor you take with you into the foxhole doesn’t have the right weapons, you will regret it. I’ve seen the fallout from this situation, and it is not pretty.

Unfortunately, many of the decision makers at law departments and firms don’t have the time to properly screen and interview all of the possible litigation support candidates. As a result, they wind up with a host of problems. Furthermore, the press of litigation and its surprises, deadlines, and assorted emergencies doesn’t lend itself to a lengthy RFP and RFI process.

The best approach is to follow a model that begins with pre-litigation preparedness and prophylactic measures so that you are well-equipped to handle the inevitability of investigations and lawsuits. Many of these measures can be implemented whether there is pending litigation or not. For instance, we always recommend that our clients identify key personnel and form a discovery rapid response team. We also assist our clients in creating a data map to reduce the anxiety associated with the meet and confer requirements of the Amended Federal Rules.

This summer, the Sedona Conference released their Working Group Series Best Practices for the Selection of Electronic Discovery Vendors: Navigating the Vendor Proposal Process, which can be found here: http://www.thesedonaconference.org/dltForm?did=RFP_Paper.pdf. It provides a useful overview of what litigators should look for in a supporting partner, and how to find the right match for your litigation challenges.

At the end of the day, our advice to our partners is to stay ready so you don’t have to scramble to get ready. Know your document retention policies (and if you don't have any, develop them!), identify and assign trusted personnel to respond if needed, and have a plan in place. Feel free to call or write me if you want to hear more ~ creating a defensible litigation climate is what we do.