The Problem: Making Timely and Informed Decisions about Initial Case Strategy
At the outset of a case, the litigants need to decide on case strategy: Should we fight the case or settle it? Is the case winnable? And if winnable, at what cost?
Given the ballooning costs of litigation, especially in cases involving large volumes of electronically stored information (ESI), there is a growing need to address these questions as early as possible in the case cycle. Timely answers are critical, before significant costs are incurred. Early case assessment (ECA), which is emerging as a best practice in most litigation, is intended to address this challenge.
But here is the paradox. The earlier we are in the case cycle, the less we know. As a result, the most important decisions regarding case strategy are often made without a clear understanding of the relevant evidence, exposing corporations to significant risk. The wrong decision - choosing to defend an unwinnable case, or settling a winnable case - can cost the corporation millions.
Legal teams require technologies that expedite and enhance the accuracy of early case assessment, allowing them to identify and analyze the most responsive documents at the outset of a case.
Equivio's Solution: Putting the "Assessment" Back into ECA
Equivio>Relevance allows litigators to zoom in and review the most important documents in the case. This allows you to make a rapid, yet informed assessment of case winnability, based on the key evidence. In addition, Equivio>Relevance identifies the volume of relevant documents in the collection, enabling a quick assessment of the potential cost of the review effort. With an assessment of the potential cost and risk of the case, you are in a position to make well-founded decision on whether to pursue a fight or flee strategy.
The Benefits
Equivio>Relevance takes the guesswork out of early case assessment. Today, early case assessment typically consists of a series of ad hoc searches for relevant data. Equivio>Relevance transforms early case assessment into a systematic review of the most relevant data in the case. Benefits include:
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Informed assessment of risk. By allowing the team to focus on the most relevant documents in the case, Equivio>Relevance enables rational, well-informed decisions on case strategy based on an assessment of the critical data.
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Informed assessment of cost. Equivio>Relevance is able to estimate the number of relevant documents in the collection. This provides a solid foundation for estimating the likely cost of the review effort, a key factor not only in the settle/defend decision, but also in preparing the case budget.
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Continuity. If is decided to pursue the case, the relevance scores developed in the early case assessment phase can be used in the subsequent culling and review stages of the process. |