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.