eDiscovery is complex, complicated, and costly if done incorrectly. Traditionally, most of the work has been outsourced to third parties. However, outsourcing may not always be the best option.
It is not a trivial task to determine which option is most suitable. At minimum, one must assess business value and the legal risk, identify the most relevant information, and protect potentially relevant legal information. Yet, using new technologies and techniques, some companies have automated and repeatable reliable in-house eDiscovery processes.
Most discussions gravitate to the need for flexibility, scalability, professionalism and expertise of personnel, etc. But, these really only matter after the decision to outsource or insource has been made. The answer to whether a company should insource or outsource a business process, whether human resources, payroll, or eDiscovery, must be based upon that fact that all business decisions must align with the strategic objective of the organization and time and money are finite.
This discussion focuses on the key issues attorneys, paralegals, and litigation support staff should consider when deciding whether to insource or outsource eDiscovery.