What are the red flags to look out for when outsourcing eDiscovery? To fulfill legal requirements pertaining to eDiscovery and also to curtail associated costs and effort, you will need to outsource eDiscovery to the right service provider. Treading carefully while choosing a service provider is absolutely imperative since you are outsourcing a highly critical function of your business. Even small mistakes with eDiscovery can result in you losing the lawsuit, pay up huge settlements, be subjected to strict penalties, and several other setbacks that can hit your business hard.
Here are the red flags to look out for when outsourcing eDiscovery.
eDiscovery Is Not Their Specialization
It is better to outsource eDiscovery to specialists. Nowadays, you have IT firms that provide eDiscovery as just one of their numerous service offerings. There is a risk that they could be lacking in technical expertise. There is also a higher chance that they may not fully understand legal requirements and their ramifications. Jack-of-all-trades firms may likely not have an eDiscovery plan that is as robust and sound as it should be.
To avoid these risks, it is best to rely on eDiscovery service specialists for this critical function. They have the technical acumen, full knowledge of the law, and a comprehensive plan for mitigating eDiscovery risks. Jack-of-all-trades firms just won’t do for such high risk and critical function.
Not Transparent About their Track Record
You should inquire from candidates about their experience and client base since these factors really matter. The service provider should be able to furnish straightforward answers that create a good impression. But if they sound evasive and are not upfront towards any of your questions, then you should take notice. You should ask yourself why are not providing you with a simple answer. This is not something to be ignored. It is small points like these that can make a big difference.
They should be willing to discuss their service record, operations details, and past as well as current clients.
Bad Reviews and Testimonials
Look online for reviews. Make sure that you pay attention to negative reviews. Find out what disgruntled customers have to say. You should also note how the candidate has replied. Beware of positive reviews for they can be unreliable.
You should also ask about past as well current clients. Inquire if there have been any problems in the past. Evasive and taciturn replies are a red flag. When you do get information in this regard from the candidate, cross-check it with their past and current clients by speaking to them.
Candidates should provide you with a straightforward plan that has upfront costs. There should be no hidden fees. Watch out for asterisks in the service agreement. Inquire upfront if there are any other costs besides those explained.
The candidate should be willing to explain all services, the full scope of operations as well as associated fees in simple terms.