Measuring Success and Avoiding Pitfalls in Discovery for Litigated Claims

At the recent 2018 Claims and Litigation Management Alliance (CLM) conference, Epiq chief innovation officer, Cliff Dutton, hosted a roundtable titled, “Measuring Success and Avoiding Pitfalls in Discovery for Litigated Claims.” Engaging with professionals in the fields we support allows us to learn what’s most important to our clients; it also allows us to contribute our knowledge to help them achieve efficiencies in their legal matters.

With clear and valuable input from expert panelists Bob Fisher from Clyde & Co and Michael Phillips from Beazley, the panel tackled some of the challenges that arise when claims are headed for discovery. The audience, a mix of claims professionals, insurance defense attorneys, and in-house counsel, came to the roundtable with a range of experience. The interactive format made it possible to share effective strategies in ways that each attendee could apply immediately.

Three themes emerged:

1.    Legal discovery cost containment

First, the key to legal discovery cost containment for claims is early identification of matters that have the potential to require electronic discovery.  When discovery related issues are managed from the outset, it is less likely that costs will soar unexpectedly. The panel explored issues relating to the scope of preservation obligations, limiting collection and processing to electronically stored information from relevant sources, and effective practices regarding cooperation throughout discovery.  

2.    Be prepared for claims and litigation

Second, the panel highlighted the importance of being both commercially and legally prepared.  For example, pre-qualifying both counsel and service providers makes it possible to achieve discovery results quickly.  Projects can be delayed because commercial terms such as negotiating rates or completing security assessments take time.  Establishing relationships in advance can avoid such delays.

3. Legal and discovery process management is key

Finally, it was clear that discovery strategy involves both legal arguments and process management. Appropriate workflows relating to collection, processing and review of electronically stored information support speedy and efficient resolution of disputes that require eDiscovery. As technology evolves, the workflows we apply to achieve that goal also evolve. For example, emerging analytics make it possible to achieve even more effective early case assessment, which in turn drives more focused scope, leading to improved review and production efficiencies.  All of the stakeholders, including corporate clients, counsel, claims professionals and service providers need to maintain awareness of advancements in technology. 

Sharing effective practices drives value for our clients, and nothing is more professionally rewarding than that.

Filed under: breach, claims, data, eDiscovery, litigation

The contents of this article are intended to convey general information only and not to provide legal advice or opinions.

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