My Basic Plan for Document Reviews – The Bottom Line Driven Approach – Part III


An article by Ralph Losey, Esq., appearing on his blog e-Discovery Team®.  This is part 3 in a series that looks at issues that pertain to making document review costs more predictable.  Part 3 focuses primarily on the speed of the review, and states, “This is especially true of the SMEs’ first-pass work. You need to do some sampling to see what review rates apply. How long will it take these particular SMEs to do the tasks assigned to them in this case with this data. Sampling is the only reliable way to do that, especially when it comes to the all important prevalence calculations. As a general rule of thumb I have found that the higher the prevalence, the lower the review speed and thus higher the cost.”

Text Messaging as Uncharted Territory in E-Discovery


An article by Catherine A. Bernard appearing on Corporate Counsel on the website.

To the extent that text messages are used by employees and retained in the ordinary course of business, they may, like email, constitute discoverable ESI.

The article states, “On the other hand, a party cannot be forced to produce ESI from sources that are “not reasonably accessible because of undue burden or cost.” The courts have provided little guidance on how the interaction of these principles should cabin requests for text message data, which rarely is retained long-term and may not even be addressed by company retention policies. But in other ESI contexts, courts have been more than willing to craft novel approaches to balance discovery rights with burden and cost concerns rather than keep the information out of court.”

Read more:

My Basic Plan for Document Reviews: The “Bottom Line Driven” Approach – Part Two


An article by Ralph Losey, Esq. appearing on his blog e-Discovery Team ®.

The article is part 2 in a series that focuses on a model designed to make costs for document review more predictable.  The article states, “

The most difficult part is the legal analysis to determine a budget proportional to the real merits of the case. But that is nothing new. What is the golden mean in litigation expense? How to balance just, with speedy and inexpensive?[14] The ideal proportionality question of perfect balance has preoccupied lawyers for decades. It has also preoccupied scientists, mathematicians, and artists for centuries. Unlike lawyers, they claim to have found an answer, which they call the golden mean or golden ratio:

golden_mean_rectangleIn law this is the perennial Goldilocks question. How much is too much? Too little? Just right? How much is an appropriate spend for document production? The issue is old. I have personally been dealing with this problem for over thirty-three years. What is new is applying that legal analysis to a modern-day high-volume electronic document search and review plan. Unfortunately, unlike art and math, there is no accepted golden ratio in the law, so it has to be recalculated and reargued for each case.[15]

Estimation for bottom line driven review is essentially a method for marshaling evidence to support an undue burden argument under Rule 26(b)(2)(C)”  See the refernced endnotes in the article. 

The article further goes on to discuss specific types of review that might be used to fit the parameters of the matter at hand.  The article also provides an interesting pyramid diagram regarding the various components that might be part of the document review, which we have included below:



JuriSolutions, as a provider of the types of services discussed in this article, strives to provide cost-predictability to our clients.  Ask us about our alternative pricing models, which includes options beyond hourly document review rates, such as per-doc and per-GB costs for document review services.  In addition, we work with our clients to guarantee them that we will honor the best pricing model from our offerings, at the close of the project, even if the client had chosen a different pricing option at the outset. Feel free to contact us to discuss our alternative pricing options.

JuriSolutions Provides the Tools to Unbundle Organizational Workflow, Unlock Value & Improve Morale


JuriSolutions, through our CYLA service line, was engaged earlier this year by the General Counsel of an aerospace company plagued by morale issues. The in-house attorneys were in the weeds with low-level routine work. Job dissatisfaction was high, as most of the key and specialized projects were being sent to outside counsel. There was fear of increased turnover, increasing operational costs while adversely impacting business. By unbundling the workflow elements, the GC worked with JuriSolutions to change the paradigm. Routine transactional work now is being sent to well-qualified but lower cost temporary JuriSolutions attorneys. The more complex work is kept more in-house with his legal team. Legal expenses have declined and in-house staff is more engaged with higher level work.

JuriSolutions Innovates for a Better Spend Model

Recently a west-coast technology client engaged JuriSolutions, through our CYLA service line, to solve a contract management and operations issue. With far too many contracts to review for the in-house staff, they were struggling to engage business and supplier contacts throughout North America. Travel budgets were out of control and internal client satisfaction metrics were declining. JuriSolutions provided experienced, local contract review managers on an as-needed basis, matching key skill sets with the regional business people. Provided at a fraction of the cost of fixed headcount, internal satisfaction scores improved, travel was tamed and the company gained flexibility to address new projects and volume spikes.