Inside Job

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Done properly, the process can cost significantly less than using one of the major e-discovery consulting firms. It might cost more than using a small startup vendor, but it is probably less risky.

Bringing the right side of the model in-house--i.e. review, analysis and production--happens less frequently. Only companies with frequent bet-the-company litigation or lots of smaller cases should consider insourcing those processes because of the extensive resources needed to do them well.

To stand up in court, a well-prepared, defensible procedure must be transparent and repeatable. "You need to be able to say, 'Here's how we did it, here's why that was reasonable and here are the steps we took,'" Carpenter says.

The Big Picture

Assistant Editor

Christopher Danzig

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