It’s no secret that the e-Discovery process can be quite complex.   There are a lot of moving parts.  There can be many data sources of all types, from backup tapes to email servers to legacy systems.  There can be multiple custodians, some current employees and some of which can be departed employees.  There can be multiple outside counsel reviewing for relevance and privilege.  There can be various data privacy issues, especially in cross-border litigation.

To add to the process complexity, there are a myriad of technologies that can be employed at each phase of the e-discovery lifecycle.  There are early case assessment technologies, data preservation and collection utilities, offline media index and search applications, email and e-document index and search software, concept based categorization and review technologies – the list goes on and on and there seems to be a new technology vendor every month.

The risks associated with “getting it wrong” today can be extremely high.  Two of the more well-known cases are Qualcomm, Inc. v. Broadcom Corporation [No. 05-CV-1958-B(BLM), 2007 WL 2296441 (S.D. Cal)] and Coleman (Parent) Holdings v. Morgan Stanley & Co, Inc. [2005 WL 679071 (Fla.Cir.Ct)].  Both cases are examples where there are significant costs, from legal fees to sanctions, associated with confusion in the process of identifying, preserving and producing potentially relevant documents.

The idea of e-Discovery project management is not new.  Historically there has been some level of compartmentalized project management during the e-Discovery process.  Paralegals, counsel, or vendors typically managed activities within a specific phase of the lifecycle.  For example, a paralegal would perform the preservation and collection management tasks while a vendor would perform the review management activities.  Today, people are recognizing the importance of project management.  Anecdotally, we know that the number of individuals looking to gain PMP or Six Sigma credentials is quickly increasing.  In today’s tight labor market, every advantage helps.  Additionally, If you survey the market you’ll find that there are new technologies specifically designed for litigation support project management. 

So what is the key to successful end-to-end e-Discovery project management?  In my experience, it is an equal balance of practice, methodology, and technology.  Consider involving at least one project manager familiar with e-Discovery challenges during every phase in the lifecycle.  This direct experience “in the trenches” is key to ensure that the same pitfalls are not encountered from project to project.  Experts recommend implementing a repeatable, documented, e-Discovery process.  Industry best practices include utilizing technology that enables the following:

• Use of pre-developed workflows for tasks and activities of each lifecycle.  Although the specifics will vary from matter to matter, there are some basic activities that can be used as a “shell” for every new e-Discovery venture. 
• Ability to assign and track the status of tasks.  Typically there are multiple individuals working on a particular phase of e-Discovery.  Task assignment and tracking is key to ensure nothing falls through the cracks.
• Use  matrices and statistics of the data collected, indexed, and searched.  Too often documents can fall through the cracks because they weren’t tracked through the process.  Also, evidence that is presented in court will need to be traced back to its original data source.
• Ability to calendar milestones and project deadlines.  This is critical to ensure that resources are allocated properly throughout the project lifecycle.
• Generation of reports that provide summary and/or detailed metrics on the data preserved, collected, searched, reviewed, and produced.
• A searchable repository for project related documents, reports, invoices and materials.  The worst repository is someone’s email inbox!
• A method to provide status updates to the individuals who need to know how the e-Discovery process is progressing.

Project management helps alleviate confusion.  By implementing sound project management, one can ensure that there will be a well documented, reasonable, and repeatable approach to the e-Discovery process.