When preparing the often-vast amounts of ESI for litigation, utilizing technology can be essential. And legal teams have two options for support: in-house or outsourcing to a vendor partner. Oftentimes when technology is needed, the only real answer is with outsourcing as most law firms and companies don’t have internal eDiscovery resources. 

But let’s be honest, there is a lot of vendor “noise” out there, so we've compiled a list of key considerations to help you evaluate potential vendors thoroughly as you navigate vendor selection and build partnerships that align with your firm’s values and goals.

Experience Matters

Begin by assessing the vendor's experience in the industry. Consider how long they have been in business and whether they specialize in your particular area of law or industry. A vendor with a strong track record of handling large-scale litigation cases can provide invaluable insights.

Do not hesitate to ask for client success stories or references to gauge their reliability and effectiveness. Ask for recommendations from around your firm, other members of the legal community, and even oppositions who seemed to be well organized in previous matters.

Technological Capabilities

Next, take a close look at the vendor’s tech portfolio. Especially if you are looking to outsource because of the tech, their platform or tech partner relationships should support your ESI and eDiscovery needs.

Note if the vendor is technology agnostic or if they tend to push all clients into one specific direction. Do they have more expertise in one tool than another? Does your case team have experience in a specific tool that allows saving time in training?

Advanced search functionalities, such as keyword searching, concept searching, and predictive coding, are essential for effective review and analysis and are just as important as how user-friendly their solutions are. Will the tech significantly enhance your workflow? Does it have features that allow you to track progress and identify key findings? Additionally, consider whether the vendor’s technology can integrate with your existing systems and its scalability to meet future needs.

Project Management and Service Levels

Project management is critical to the success of your partnership. These days, the vendor's role should go beyond simple service delivery, they should act as an extension of your team, seamlessly integrating their expertise and resources with your firm's operations. Ask for project manager recommendations from around the industry. See if the vendor will encourage you to build a rapport with a specific project manager or team. Efficiencies can be created when your project management team learns how you specifically prefer your cases to be run.

Having dedicated project management support throughout the engagement can significantly streamline the eDiscovery process. A project manager who understands both the technical aspects of eDiscovery and the legal requirements of your case can help navigate complexities, coordinate tasks, and ensure that timelines are met. This level of oversight is particularly important when dealing with large volumes of data or tight deadlines, as it helps maintain organization and focus.

Your chosen vendor should demonstrate a commitment to open lines of communication, ensuring that you are kept informed at every stage of the eDiscovery process. Quick response times are essential; delays can lead to costly setbacks in litigation. A vendor that prioritizes timely communication is a must. Review their service level agreements (SLAs) and response times to ensure they align with your needs.

Collaboration and Technical Support

Working alongside your legal team to address specific eDiscovery challenges, a collaborative approach allows a vendor to tailor their services according to your specific needs. A vendor should bring valuable experience and expertise that your firm may lack in-house.

Your vendor should offer proactive support to resolve issues swiftly, minimizing disruptions to your workflow when technical issues arise. This includes troubleshooting existing problems as well as offering guidance and training to ensure your team can effectively use their tools and technology. Attorneys often work odd hours.

Be sure to understand processes around after-hours support before you need it. Often it can be beneficial to notify the vendor if the attorney’s team plans on working late so they can have someone with knowledge of the case team available.

Conclusion

In summary, choosing the right eDiscovery vendor is a foundational step in enhancing your firm’s operational efficiency while safeguarding client data. By carefully evaluating potential partners against these criteria, you can avoid hasty decisions that might compromise your firm's integrity and client trust. A thorough selection process will ultimately benefit both your practice and your clients.

Want more? Take a look at our new “Vendor Selection Checklist for Lawyers” one-pager.