WHO NEEDS THIS?
Law firms who want a predictable, scalable and cost-effective eDiscovery function that eliminates cyber security risks.
HOW MOST LAW FIRMS TRY TO MANAGE eDISCOVERY AND WHY THIS IS INEFFECTIVE
As digital devices, computer systems and big data have overtaken our modern life, the business of law has been radically transformed in four critical areas: core IT systems, data governance, eDiscovery and cyber security. It is rare to find a legal matter today that does not include electronically stored information (ESI).
However, the challenge is that most lawyers are not technologists. So when it comes to eDiscovery, many law firms try to manage eDiscovery in-house, through third-parties or a combination of both. Rarely are these approaches programmatically effective.
Law firm client data is a primary target for hackers. Many law firms are not fully prepared to protect and maintain client data from internal and external threats. In the event a law firm is hacked and client data is compromised, the fall-out can be very substantial.
ABA Model Rules 1.1 and 1.6 require law firms to maintain client confidentiality. The ABA CYBERSECURITY HANDBOOK cites situations where law firms have collapsed because they didn’t protect client data. See the introduction to our eBook for details on this.
We believe most law firms are not aware of the magnitude of the risk they are undertaking today. Virtually every Synthesis E-IT Secure® law firm assessment we have conducted since 2012 has confirmed that they are not only uncompliant with their own data governance policies but more importantly, those of their clients!
With law firm hacks grabbing headlines, many corporations now require law firms to pass technology audits as a condition of doing business. Law firms who bring client data in-house will struggle to pass these audits, particularly from corporations in regulated industries. The extensive scope of these audits is often shaped by the standards of the regulating bodies which could include: SOX, HIPAA, FINRA, HITECH, FDIC, Gramm Leach Bliley and others. If you can’t pass the audit, you don’t get the business, which no law firm can afford.
Another challenge with trying to handle eDiscovery in-house is that the evidence may not stand up to scrutiny in court. From identification of data custodians to collection of digital devices and assets to processing, hosting and production of evidence, lawyers must prove chain of custody, preservation and a complete absence of tampering and spoliation in order to be legally defensible. Most staff at law firms are not properly trained nor do they have the resources to ensure their process will hold up to the challenges of opposing counsel.
This is why some law firms outsource eDiscovery to third-party providers, often to more than one This too has its challenges. The costs of eDiscovery are often unpredictable from one provider to the next which makes passing them through to the client a very tenuous and sometimes contentious task. The risk of damaging client relationships becomes very real in these scenarios and should be weighed against any reward perceived by entering into such an arrangement.
So if trying to manage eDiscovery in-house is not a good idea and if a carousel of third-party providers doesn’t work either, what does work? LOGICFORCE’s eDiscovery service offering is designed to address all of these concerns and produce the outcomes you want. Here are the core reasons you need this service.
BIG-LAW TECHNOLOGY FOR A FRACTION OF THE COST
We give you access to world-class eDiscovery technology on a subscription basis. This is the same technology that big-law uses at a fraction of the cost. The best part is that you don’t have to maintain it and can simply rent as much as you need when you need it. Now that’s cost-effective!
INFORMATION GOVERNANCE SUCCESS
Information governance is an often-misunderstood term. To us it simply describes how law firms and corporations handle data. The way a firm manages, stores, maintains, communicates and ultimately secures their client’s ESI is critical to successful information governance. It’s about the complete data life-cycle and how to produce the greatest value from data while protecting it from undue risk.
There are three critical focus areas of information governance: policies, procedures and response to client audits. LOGICFORCE’s approach to information governance gives law firms a level of sophistication and defensibility of process that they would struggle to develop on their own. We work with firm management to institute policies and procedures that we’ve learned from decades of managing ESI effectively and securely. We deliver a short-cut to information governance success.
PASS CLIENT TECHNOLOGY AUDITS WITH EASE
Our eDiscovery standard operating procedures and technology ecosystem will pass the audit requirements of every regulatory body we know about today: SOX, HIPAA, FINRA, HITECH, FDIC, Gramm Leach Bliley and others. Guaranteed!
THE ABILITY TO SCALE QUICKLY
What if your law firm were to land a big case, one involving terabytes of ESI? Could you handle the load? How long would it take to be ready? Would production orders from the court force you to move faster than you are capable of moving today? Would you pass on the matter simply because you didn’t have the capacity to scale? Not with LOGICFORCE’s eDiscovery services behind you. You can take on any case, knowing that you have a sophisticated team and technology ecosystem at your disposal that can scale as fast as you need it to. Not sure about this? Just check out our case study on this topic.
eDiscovery pricing can be very tricky, unless you are partnered with LOGICFORCE. We offer a standard pricing assurance on every individual matter or with our subscription based managed services offering. Pricing assurance gives you and your client peace of mind and is a major reason that law firms choose our solution. See our client testimonial from HudsonParrottWalker for more details about this.
REDUCED DATA SETS AND COSTS
One of the major reasons that eDiscovery costs as much as it does is because large data sets are not narrowed before review. Modern software tools and processing algorithms make it entirely possible to shrink data sets by as much as 70% or more before reviewers ever make a single key stroke. LOGICFORCE’s approach to eDiscovery includes narrowing procedures, which saves your clients a lot of money and speeds up review time. This makes you look good, earns your client’s trust and stimulates referrals.
With LOGICFORCE delivering your eDiscovery work-product, you get the same level of quality and consistency from one matter to the next. This means you know exactly what to expect and can count on hitting deadlines with no surprises.
Our approach to eDiscovery virtually eliminates your cyber security risks. You transfer that risk to us. You don’t have to take sensitive client data into your infrastructure, which means there is nothing for hackers to steal. Just in case you were wondering, we are very good at cyber security and have an impeccable reputation in this area.
Many law firms don’t have the technology or standard operating procedures to produce evidence that stands up in court. But we do. LOGICFORCE’s reputation within the judicial system is top-shelf. We can submit documentation demonstrating our standard operating procedures and the actual procedures deployed on your matters to any stakeholders who question our methodology. This satisfies judges and silences the opposition. We have never had evidence excluded from a case due to methodological issues.
SPEED AND ACCURACY OF DATA COLLECTION, PROCESSIONG, HOSTING, SEARCHING AND PRODUCTION
It’s one thing to land a case and another thing entirely to effectively manage it. When terabytes of ESI are involved, you need speed and accuracy, especially in collection, processing, searching and production. LOGICFORCE has a demonstrated history of managing large volumes of data quickly, efficiently and with responsiveness to review teams that expedites their time to production. If you need it done fast and done right, you need LOGICFORCE.
ENHANCED MORALE FOR YOUR TEAM
Let’s be honest. Your team probably doesn’t want to do the more technical elements of eDiscovery. Paralegals and lawyers go to school to enter the practice of law, not to become data managers. When LOGICFORCE manages eDiscovery for our clients, they almost immediately report a spike in morale and an overall sigh of relief. Happy team members are more productive and profit-generating team members.
Cross-matter management gives us the ability to repurpose work-product pertaining to multiple matters for the same client. This allows lawyers to get to the merits of cases faster. This programmatic approach will save serial litigant clients hundreds of thousands of dollars, allow for faster decision making and ultimately make outside counsel a more valued business partner.
Here is how we develop a cross-matter management program. LOGICFORCE data experts cross-reference files from our secure central evidence repository to identify previously collected and processed data. By analyzing documents on a company level, we eliminate the traditional approach of compartmentalizing data by project. We note the documents for privilege and confidentiality so they may be re-used for subsequent matters.
Cross-matter management data is stored in a comprehensive master repository of unique documents collected throughout the company. Duplicate data is removed automatically creating a record of the metadata and content. We automatically compare any new data that is collected to the existing master repository while maintaining the existing coding. Previous review processes are preserved, streamlining successive document review processes.
TRAINING AND SUPPORT FROM A PARTNER YOU TRUST
No two eDiscovery matters are exactly the same. This is why you need a partner who can help you make the best possible decisions for your client and situation. You need a partner who wants to save you money, make you look good, preserve the integrity of evidence and help you get the work done on time. LOGICFORCE is exactly that kind of partner.
When you engage LOGICFORCE to provide eDiscovery services, you can expect lower overall costs, secure client data and a scalable approach that allows you to take on any matter you want, regardless of data size or complexity. You can expect happier clients and a more productive and focused team serving those clients. You can expect your billing rates to go up and your headaches to go down. You can expect significant improvements in profit-per-partner.
WHY YOU NEED THIS
Some of your best opportunities will come from matters that involve multiple terabytes of ESI. If you don’t have a scalable, fast and secure eDiscovery solution, you’ll miss those opportunities.
HOW OUR SERVICES FIT WITHIIN THE EDRM
The Electronic Discovery Reference Model (EDRM) was developed to produce industry-standard guidelines for electronic discovery for legal professionals and eDiscovery practitioners. The EDRM is a process-based approach that includes these phases:
- Information governance
In general, LOGICFORCE recommends that you get us involved as early as possible in a matter. The sooner you engage us, the better we will be able to guide you toward the most advantageous and cost-effective approach to your matter. We prefer to be brought in during the Identification phase.
LOGICFORCE’s primary role, as it relates to the EDRM, is to manage the technical phases. These include Preservation, Collection, Processing and Production, which are described in more detail below, as well as other phases that are not a part of the EDRM.
LOGICFORCE prefers to begin each eDiscovery matter with an initial consultation with your firm and with your client if you deem this to be appropriate. In the consultation, we discuss the matter at hand, the stakeholders, custodians, time constraints, initial projections of the scope of discovery and other factors that are pertinent to getting the matter off to a great start. We provide insights about how to handle your matter in the most cost-effective manner possible. We know that every gigabyte of data collected adds to the overall costs of the matter.
LOGICFORCE can help you respond to and demonstrate compliance with Hold and Preserve orders and other court-issued subpoenas. We work closely with your client’s internal IT team to ensure that data, systems and devices, including mobile devices, are properly handled. We work within the identified custodian’s list to ensure that all materials that are responsive to a matter are properly and defensibly preserved.
LOGICFORCE handles collections, in many cases, by way of our Digital Forensics team. This team is made up of legal technology experts, many of whom are former law enforcement agents. They know how to collect everything from thumb drives and mobile phones to laptops and desktops to the most complex and highly distributed cloud-based application data. This team uses standard operating procedures that meet or exceed the requirements of all stakeholders in legal matters. They are also experienced at appearing in court as expert witnesses to defend their methodologies, if necessary. LOGICFORCE has never had evidence excluded from a matter due to inappropriate collection methods.
EARLY CASE ASSESSMENT
While this phase is not a part of the EDRM, we have found it to be incredibly effective at reducing costs, narrowing the data for processing and speeding up review times. In early case assessment, we help you analyze the data collected to determine which data sets should be promoted to processing and which should not be promoted. This can reduce overall data size substantially, saving your client money and saving you time.
LOGICFORCE handles processing via some of the most powerful technology platforms available today. During processing, we not only index data metatags (create date, data type, custodian, device, etc.), we also begin to apply search terms and query strings based on your desired parameters. This can reduce, by up to 70%, the amount of data that is then promoted to the review platform for hosting.
PRIVATE CLOUD SERVICES
The EDRM does not identify private cloud services as a distinct phase. However, we include this as a critical service and resource and believe it is very important. Why?
Review teams do their work, in most instances these days, in strictly controlled environments. These are often rooms with limited physical access, tight network controls and a review team leader who is overseeing the work and coordinating with the lead attorney on the matter. We provide project managers who can work with the review teams to ensure their methodology is effective. Our project managers can also train, on-site or remotely, any reviewers who need additional training.
But the core of the review work itself is done on computer systems that are connected to a secure database application such as XERA or Relativity. We provide not only the licenses for the applications, as part of an eDiscovery engagement, we also host the data.
Our data centers are highly available, provide multiple points of redundancy ensuring reviewers always have access to the data and applications, 24 x 7 x 365. Our datacenters meet PCI-DSS, ISAE 3042, HIPAA, SSAE 16 type II, AICPA SOC (Formerly SAS 70) requirements to ensure your data and systems are protected.
Private cloud services are a very substantial value that we provide our clients. This means you don’t have to own the hardware, software or security infrastructure that is necessary to complete reviews. In just a matter of minutes, we can provision user licenses to your reviewers and give them access to the application and data. This is fast, cost-effective, completely secure and very scalable.
The other beauty of this approach is that we can provide rolling productions of data sets, based on whatever criteria you select. This could be custodians, data types, date ranges or other factors. This flexibility allows you to move ahead quickly on your case and keep your reviewers as productive as possible.
LOGICFORCE provides productions of digital evidence in nearly any form you might need. Once reviewers and your legal team decide what should be produced, we can turn around the evidence in short-order. This helps you meet deadlines and keep your case moving ahead.
LOGICOFORCE’s approach to delivering eDiscovery services draws upon the experience and wisdom of top legal consultants, technology strategists, cyber security analysts, eDiscovery experts and digital forensics authorities. This team knows how to manage eDiscovery matters to produce outstanding financial results for your law firm. There are two ways to acquire LOGICFORCE’s eDiscovery services: project-based or MSA (managed services agreement).
HOW THIS BENEFITS YOU
Our eDiscovery services give your attorneys the confidence to walk into any client meeting knowing that technology will never be a limiter on their ability to take a deal.
PROJECT-BASED eDISCOVERY SERVICES
When you engage LOGICFORCE for project-based eDiscovery services, you will get a full team of experts who will work with you on these phases (see WHAT CAN YOU EXPECT for details on each phase):
- Initial Consultation
- Early Case Assessment
Pricing for project-based services is determined on a per-matter basis. Please click on the PRICING tab for more details.
MANAGED SERVICE AGREEMENT (MSA) eDISCOVERY SERVICES
When you engage LOGICFORCE for eDiscovery services via a Managed Services Agreement, you will get a full team of experts who will work with you on these phases (see WHAT CAN YOU EXPECT for details on each phase):
- Initial Consultation
- Early Case Assessment
However, with our Managed Service offering, you also get these key benefits:
Responsibility. LOGICFORCE will take responsibility to architect the eDiscovery function at your law firm and define the best approach to helping you get this work done efficiently, effectively and on time utilizing your existing team members to their greatest strengths.
Head Of The Line Service. Clients who form an MSA relationship with LOGICFORCE receive priority treatment for their matters.
Dedicated Resources. LOGICFORCE will assign you a dedicated project manager and allocate resources within our data center (appropriate to your needs) for your projects: disk space, internet throughput and server capacity. Of course, you also get our ISO-certified service level agreements for uptime.
24×7 Expert Support. No need to stand in line or wait for a response. LOGICFORCE support teams will respond to your needs quickly and efficiently by phone, text, email or help-desk ticketing – your choice.
Strategy Sessions. LOGICFORCE’s consulting and technology team members become an extension of your law firm through an MSA relationship. We will take the time to get to know your firm, your players, your clients and your goals. We will proactively bring you ideas about how to grow your eDiscovery capabilities and your market opportunities. We prefer to schedule strategy sessions twice a year to review your results to date and pipeline. Then we make recommendations about how to scale your business and our service levels to meet demand.
On-Site Personnel. LOGICFORCE MSA clients get priority access to our staffing resources, including on-site support when you need it. There is no additional charge to have a LOGICFORCE team member come to your facility (except for travel expenses) and train your staff, meet with your team, brainstorm upcoming projects or help you define an eDiscovery growth plan.
Subscription Pricing. LOGICFORCE MSA agreements provide volume-pricing that will greatly reduce the fees you pass on to clients. In many instances, this can cut the overall costs of eDiscovery by as much as 50% or more compared to industry averages.