Get the Most Out of Outside Counsel with a Simple Checklist
Late this summer, Exterro conducted a survey of law firm professionals to better understand how they collaborate with corporate clients. While many organizations now handle a significant portion of e-discovery in-house—nearly 70%, according to the 2018 In-House Legal Benchmarking Survey—they still maintain relationships with outside counsel and alternative legal service providers (ALSPs) who play important roles in litigation and e-discovery.
So, how can organizations maximize the value they receive from these external partners?
The 2018 Law Firm Benchmarking Survey offers some insight. It begins with understanding where law firms provide the most value in the e-discovery services they offer.
The findings are not particularly surprising. The rise of ALSPs and in-house e-discovery capabilities has been largely driven by the cost of traditional law firm services. However, law firms still deliver value through:
- Their familiarity with client needs (78%)
- Their ability to align e-discovery processes with overall legal strategy (68%)
Interestingly, 5% of respondents indicated there was no meaningful difference between law firms and ALSPs—perhaps a reflection of candid responses enabled by survey anonymity.
How to Maximize Value from Law Firms
When organizations do choose to work with law firms, how can they ensure they are getting the most value for their investment?
Survey responses highlight several key approaches:
- Clearly define case goals and strategy (70%): This reduces inefficiencies, wasted effort, and unnecessary costs
- Implement strong preservation and collection practices (64%): This minimizes the risk of missing critical electronically stored information (ESI)
- Educate partners on IT infrastructure (42%): A less obvious—but highly impactful—strategy
Why IT Infrastructure Knowledge Matters
Helping outside counsel understand your organization’s IT environment can significantly improve efficiency. With better insight into systems, data sources, and workflows, external partners can:
- Develop more efficient data collection strategies
- Navigate ESI more effectively
- Negotiate more effectively during pre-trial “meet and confer” discussions
However, this is often easier said than done. Legal teams may not have a complete understanding of their organization’s IT infrastructure, leading to gaps in communication or the need to consult multiple stakeholders—both of which can increase costs.
A Practical Solution
To address this challenge, organizations can centralize and document their IT infrastructure in collaboration with their IT teams. This ensures that outside counsel has a clear, comprehensive understanding of:
- Data systems and storage locations
- Preservation policies and procedures
- Processes for managing ESI
Providing this information in a structured format can significantly enhance collaboration and reduce inefficiencies throughout the e-discovery process.
