How to Choose an E-Discovery Vendor
By Dr. Gavin W. Manes

Choosing an e-discovery vendor is a crucial decision in the litigation process and there are a large number of candidates from which to choose. Here are some tips to help you get the right person for the right job without spending a fortune:

Choose an expert: If you've been around the block a few times and know exactly what you're looking for, then you can shop around for a discount provider. But, if the case involves unusual equipment or processes, or represents unfamiliar territory, you want a company that knows the ins and outs of the process and has a lot of experience under their belt to help guide you through it.

Check their credentials: This is especially important when choosing a company to preserve evidence. If the "smoking gun" is found on the computer but the hard drive wasn't handled properly, you might not be able to use that piece of evidence. Some states require private investigator licenses for individuals who handle digital evidence, which can include stages of the e-discovery process, so check to see what your local laws dictate. Don't hesitate to ask your friends and colleagues about their vendor experiences. Don't be afraid to use the same vendor as the opposing side, or someone who has been on the opposing side of a case before–good e-discovery vendors are accustomed to handling case information with the utmost confidentiality, and are sometimes appointed as neutral third parties by the court.

Shop the field: There are several big national companies that perform forensics and e-discovery services, but don't automatically assume that the most expensive provider or the largest company will be the best choice for your particular project. It may be better to work with a local company if there will be a lot of back-and-forth conversations or piecemeal productions. You should also make sure that you're choosing a company with the capacity for your project–you'll want a different vendor to process 100 computers than you would for just one or two.

Interview the candidates: Talk to each company about your particular project needs and see what their approach to the case would be. See how they respond to your questions–if they are willing to work with you and can express their technical expertise in understandable English, they are a good choice. Beware of those that have rigid or confusing price structures; since most e-discovery projects are custom combinations of a variety of services, you don't want to get stuck paying large add-on fees just because their pricing is confusing.

Choosing a vendor is no easy task, but understanding the basics of e-discovery and the specific scope of your project are the key steps toward a successful production. Take your time and ask questions during the inquiry stages of finding a vendor, since you'll be spending a lot of time with them over the course of your case.

–Dr. Gavin W. Manes, president and CEO of Avansic, is a nationally recognized expert in digital forensics and electronic discovery. He holds a Ph.D. in computer science and has given hundreds of presentations to attorneys, corporations and professional organizations across the country on digital forensics, e-discovery and computer security topics.

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