Defensibility, Efficiency and Cost-Effectiveness

Defensibility, Efficiency and Cost-

EffectivenessThe Case for Fixed Price Managed

Review

• Vanessa Lozzi• Litigation Support Specialist at Flagstar Bank

• Jeffrey L. Guttman, Esq.• Director of Managed Review Operations at

TechLaw Solutions• Erik W. Gibson, Esq.• Director of Review Management at TechLaw

Solutions

About the Speakers

Managed Review is not about Review –

it’s about “Managed.”

Defining Managed Review

• Common questions• Documented communication process• Reports• Knowledge Extraction Focus

• Client and vendor usage of metrics• Production ready populations

Methods to Monitor and Measure Managed Review

Goal Setting

Managed Review• Designed to achieve two

broad categories of goals:• Knowledge Extraction• Substantial Compliance

Document Review• Focused on simple

completion within maximum acceptable timeframe, with the maximum acceptable number of errors.

Quality

Managed Review• Quality focus and

approach enables a hierarchy of data examination. • SME only looks @ critical

documents

Document Review• Noise in the

categorization forces senior level examination of more garbage.

Communication

Managed Review• Communication that

brings to light anticipated problems and proposes solutions.

Document Review• Communication focused

on narrow metrics at best.• Little discussion of

problems because the firm is responsible for quality.

Technology

Managed Review• Leverage as much tech as

possible to get you the docs you need to win, faster.

• Validate the recall and precision of your production set.

• Ignoring tools that provide you insight into your data is antithetical to MR.

Document Review• Tech agnostic, at best.• No concern about what is

reviewed, only concerned that there is something to review.

Managed Review is not about Review –it’s about “Managed.”

Defining Managed Review

• Accomplishment vs. Time• Price ≠ Cost ≠ Value• Analysis:• What do I need to win?• What is a reasonable cost to pay for winning?

Defining “Fixed Price”

• Price: $/document or $/hour• Cost: Total spend on everything related to

discovery (including work performed by BOTH the vendor and the law firm)

• Value: The impact on the litigation

Price vs. Cost vs. Value

• Predictable Cost • Transparent, forward-looking communication• Legal team can focus on the case, not

“review”• Faster completion• More knowledge gained

Why Does Fixed-Price Managed Review Benefit Clients?

• What do you need to win?• What is reasonable cost to pay for winning?

Analysis

• Compliance• Knowledge Extraction• Defensibility

What Do You Need To Win?

• Why do you need defensibility?• Why does fixed price work create a more

defensible Managed Review?

Defensibility

• What pricing should look like• When Fixed Price may NOT be better• Privilege Log• Redaction• Foreign Language

What is Reasonable Cost to Pay for Winning?

• Common questions• Documented communication process• Reports• KE Focus

• Client and vendor usage of metrics• Production ready populations

Methods to Monitor and Measure Managed Review

• Jeff Guttman: [email protected]

• Erik Gibson: [email protected]• Tom Biegacki:

[email protected]

Contact Information

Thank You!The Case for Fixed Price Managed

Review