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Mitigating Discovery Costs and Scope: Controlling the Process to Your Advantage

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, July 23, 2019

Recorded event now available

or call 1-800-926-7926

This CLE course will equip counsel with the tools necessary to control outside counsel discovery costs and maximize return on the capital expended. Rather than accepting the explanation that discovery costs neither be predicted or controlled, counsel should require litigators to state specific objects, map how to achieve them, and provide quantifiable cost restraints.

Description

This course will challenge counsel to approach and perceive the discovery phase in litigation not as a burden but as an opportunity to align discovery with the overall winning strategy--defendant or plaintiff--and to drive the narrative and pace of the matter while minimizing discovery risk and costs.

The purpose of the discovery process is to secure the evidence that will support victory at trial. Yet, all too often discovery is treated as a mechanical process devoid of strategic and tactical planning. A prompt and deliberate approach to discovery that supports what is necessary to prevail guides and narrows discovery up front, which will, in turn, lead to better results and value at a lower expense.

This course will delve into the components of these winning tactics and discuss how the rules of civil procedure, perceptions of proportionality in discovery, and technology have all aligned to allow "new" winning approaches to discovery.

Listen as our panel of experienced trial attorneys discusses not only the steps to take, but also provides real-world examples of how these steps have brought about cheaper and better results for in-house counsel managing the litigation process.

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Outline

  1. Reorientation of common perceptions and approaches to discovery and how the eDiscovery landscape has changed
    1. Discovery Procrastination - Common rationalizations for delaying discovery and related costs and risks.
    2. Why complain about conducting discovery? How the discovery landscape has changed in the last 10 years
    3. Recalibrating the approach to discovery to align with the strategic and evidentiary goals of your case.
  2. Effective utilization of the discovery process
    1. How to drive a strong position on discovery issues and firmly justify your approach
    2. How to integrate discovery strategy into the initial fact investigation and triage
    3. Achieving value and finding what matters through technology and process
      1. Continuous Active Learning - It’s very effective, easy to understand, and evolving
      2. Managed Review - How to define and set expectations and requirements for review
  3. Applying theory to practice and partnering with outside counsel
    1. Seeking and presenting proposed plans and concepts regarding discovery cost/management and using it as a differentiator in the selection of counsel
    2. Using process goals to ensure financially prudent discovery planning--changing the question from "why does this cost this much" to "have we found this element of proof"

Benefits

The panel will provide these and other crucial guidelines:

  • How to drive value in discovery
  • Understanding the relationship between evidence and discovery
  • Recognizing costs and efficiencies associated with different discovery tools
  • Designing tools and processes to ensure meaningful partnering in cost and benefit analysis

Faculty

Carle, Jay
Jay C. Carle
Partner
Seyfarth Shaw

Mr. Carle is a litigation partner in the Chicago office of Seyfarth Shaw LLP and Deputy Chair of Seyfarth’s...  |  Read More

Vaidya, Tushar
Tushar P. Vaidya
Atty
Seyfarth Shaw

Mr. Vaidya has extensive knowledge and experience in advising Fortune 100 companies across a variety of industries on...  |  Read More

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