At last count, the number of businesses “servicing” the eDiscovery market was well over 700.  And, as you might expect, they are all over the board when it comes to having folks that are knowledgeable and that have hardware and software tools that can help provide the most economical and efficient process for your case, or your firm.

So, how do you choose?  How do you find a provider that you want to build a relationship with?  How do you know whether a provider can handle YOUR project and that they’ll get it done on time and to your specifications?  We work with some very, very qualified professionals who are great at their jobs and provide excellent service.  But not all providers hit both successfully, and some can’t do either. It’s up to you to separate the wheat from the chaff.

As with any professional, you’ll never know until you try — there’s no try before you buy.  But there are good ways to evaluate a provider and determine whether you want to give them a shot.

1. Who Will You Be Working With?  All too often, I have a sales rep tell me that they’ll be available for questions or problems, but the minute something comes up you get directed to the project manager. Your relationship is with the sales guy, so you have to rebuild it with the PM. Avoid that — get to know the people who will be the key to the project going right. I mean literally talk to — in person is preferable, by video is second best — the individual who will be the primary contact, the ones handling the actual data, AND the project manager.  Find out how they approach a project, what their process is for handling data, where the data center is located, security, etc. Get the provider invested in you as a client, and let them know that you are looking for a relationship — one that you can count on and trust with your client’s data.

2. Past Performance on Similar Projects.  What kinds of similar cases have they handled?  Based on what you know already about the volume and types of data, how have they handled similar projects in the past?  What went well?  What went wrong?  What would they do differently?  If they tell you everything is smooth all the time, be suspicious.  Because 99% of the time there are always problems. Try asking this — if you could give me three pieces of advice in handling this case based on your experience, what would they be?  See what you get.

3. Whether the Tools They License or Have Experience with Are the Best for Your Case. Many providers have made killings off of licensing a review tool and hosting data in those solutions.  They are EXTREMELY knowledgeable about that tool and if that tool is the one for your project, great. What if it’s not the best tool?  Most providers will tell you what you can do with their existing tool — they won’t tell you that there’s a better one out there that will be more cost-effective for your case. Some providers have multiple tools and they’ll give you that advice.  Others won’t, and you’ll need an independent consultant or you’ll need to do the leg work of evaluating tools on your own.

4. Start with a Small Matter.  If you want to try before you buy — start with either a small matter or try using a sample matter — a case that you are using another tool for and send the provider a dummy copy of the data.  Then compare your results. Providers interested in building a relationship (see #1) will be happy to do this.

5. Client References.  This is by far the best, and most important way to evaluate providers.  Get the names of counsel that hired the provider and ask all the questions that you need to know. What and how much data was involved?  Who was the PM?What was the process?  What software did they use?  How did it go?  What were the problems?  Was the client satisfied?  Would they use that provider again?  Do they regularly evaluate new providers, or have they stuck with this one for a period of time?  If so, why?  If not, why not? How did the cost compare to other matters?  Did they think it was too expensive?  How so?  How would they evaluate the level of service they received?

The right relationship with a provider can be EVERYTHING. I recommend that an organization have 2-3 different relationships built up depending on their litigation portfolio to use in different situations and that those relationships and pricing be evaluated annually by someone managing the process.

Technology changes every day — new tools hit the market and the cost of old technology, for example, predictive coding, drops the longer it’s out.  You need to be evaluating what your firm or organization is doing and whether you’re acting in the best interests of your client.  Is reviewing data page by page on Summation the best use of your client’s money?  Maybe, maybe not.

You won’t know until you understand the options.

Do Better Discovery.  Manage your provider relationships effectively.