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EDISCLOSURE COSTS · A GUIDE FOR UK LAWYERS Understanding and Controlling e Disclosure Costs The Multiplication Chain, and How to Break It COMPUTER FORENSICS LAB
§ ABOUT THE AUTHOR PREPARED BY COMPUTER FORENSICS LAB E-DISCOVERY TEAM FULL CHAIN-OF-CUSTODY DOCUMENTATION
§ CONTENTS In this guide 01 Executive summary 02 The problem in plain English: why disclosure bills shock 03 The anatomy of the bill: six cost stages 04 Expansion: why one gigabyte becomes two and a half 05 The multiplication chain, worked numerically 06 The review population: the biggest lever 07 Ten control levers 08 Budgeting and costs management 09 Reading a provider quote 10 Worked example: one matter, two cost stories 11 Common mistakes and technical limitations 12 Questions to ask · Suggested wording 13 Checklist and red flags · When to involve a digital forensic expert 14 Frequently asked questions 15 Glossary · References · Disclaimer · How a specialist laboratory can assist
§ 01 · ORIENTATION Executive summary THE HEADLINE POINT: COSTSAREAMULTIPLICATIONCHAIN, AND COLLECTION IS ITS FIRSTTERM
§ 02 · FIRST PRINCIPLES The problem in plain English: why disclosure bills shock
§ 03 · THEBILL The anatomy of the bill: six cost stages
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§ 04 · THEHIDDENMULTIPLIER Expansion: why one gigabyte becomes two and a half
§ 05 · THEARITHMETIC The multiplication chain, worked numerically CHAIN STAGE A · INDISCRIMINATE B · ASSESSED AND CULLED
§ 06 · THEDOMINANTTERM The review population: the biggest lever
§ 07 · THE CONTROL S Ten control levers L EVER WHAT IT DOES 1 · Assess before you collect In-place volume reports, sampled richness and overlap measurement turn scoping 2 · Scope collection tightly Targeted, documented collection of tiered custodians and sources; forensic imaging 3 · Cull at processing de NISTing, global deduplication, date bounding and hit-tested terms applied where 4 · Thread and near-duplicate Review inclusive thread tails and cluster near-duplicates; routinely a third off the 6 · Stage the exercise Core scope now, extensions behind evidence-defined triggers; money follows the 7 · Negotiate terms with data Hit reports and sampled relevance rates in the exchange; negotiated culling terms 8 · Run hosting hygiene Promote selectively, archive released tranches to cold storage, decommission at 9 · Engineer the review Propagation, batching, decision trees, pace monitoring and seniority-matching; buy 10 · Buy well Itemised scenario quotes on stated assumptions (expansion factor, hosting term,
§ 08 · THE COURT ' SMONEYLENS Budgeting and costs management
§ 09 · BUYINGWELL Reading a provider quote
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§ 10 · IN THE WILD Worked example: one matter, two cost stories RELLINGFORDVDANEHILLCOMPONENTS ( ILLUSTRATIVE )
§ 11 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations
§ 12 · INTERROGATORIES & DRAFTING AIDS Questions to ask · Suggested wording Ask your client Ask your opponent Ask your e Discovery / forensic provider SUGGESTED WORDING · INSTRUCTIONFORANITEMISEDSCENARIOQUOTE SUGGESTED WORDING · BUDGETASSUMPTION PA R AG RAPH ( DISCLOSURE PHASE )
§ 13 · QUICK CONTROL Checklist and red flags · When to involve a digital forensic expert The cost-control checklist Red flags When to involve a digital forensic expert
§ 14 · COMMON QUESTIONS Frequently asked questions Our last disclosure bill was multiples of the estimate. What usually causes that? Is TAR actually cheaper, or just fashionable? Are e Disclosure costs recoverable from the losing party? What does hosting really cost over a matter? Should we push for fixed fees? Do costs arguments really move courts?
§ 15 · REFERENCE Glossary Sources and authoritative references DISCLAIMER
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§ HOW A SPECIALIST LABORATORY CAN ASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY
Cite as: Joseph Naghdi, Understanding And Controlling EDisclosure Costs, Computer Forensics Lab, https://e-discovery.uk/library/understanding-and-controlling-edisclosure-costs/pdf.