Proportionality in E-Discovery: Reducing Abuses and Expenses by Using Proportionality Tools

Litigators and trial judges are seeking ways to manage the escalating costs and complexities of discovery. An emerging approach is using proportionality tools, which can reduce the scope of discovery requests, lessen adversarial conduct, and discourage settlements reached solely to mitigate expenses. One of the very best tools for achieving proportionality is understanding what you have and what the data says, quickly and inexpensively, as early as possible. We now have attorneys who are experts in using search and analytics technologies, who can find in minutes what used take teams of document review lawyers hundreds of hours to locate.

At its core, proportionality is about balance, ensuring that parties receive the information they need to plead their claims and argue their defenses while curtailing expensive and time-consuming waste. While the concept of proportionality seems simple enough, applying it can be difficult for parties. Federal Rule 26 gives the court clear discretion to limit discovery if expense outweighs benefits.

Counsel must understand the scope of the proportionality doctrine, explain why their proposed plan is proportional, and effectively present evidence to convince a judge to limit the discovery to the scope proposed. That evidence is in the discovery itself and with today’s search technology, run by lawyers who know how to use it, the proportionality story can be told. As every trial lawyer knows, the story about why we know what we are proposing is right, is much more convincing than any measure of keywords hits, recall or precision.

Listen as our authoritative panel of litigators discusses how the doctrine of proportionality can be effectively used to reduce e-discovery abuses and expenses.

1. Overview of recent developments in proportionality
2. Proportionality tools and metrics
3. Best practices for arguing proportionality to the court

The panel will review these and other relevant questions:

• How has the doctrine of proportionality been applied in recent cases?
• What proportionality tools and skills are most effective?
• What are best practices for implementing proportionality and arguing the concept before the court?
• What does the emphasis on proportionality mean for the future of e-discovery?