Cost Recovery for eDiscovery: Long Term Benefits & Overcoming Roadblocks

  • June 23, 2020
  • by Athena Strasel

Cost recovery is a sensitive topic, but a necessary one. There are a number of reasons why some lawyers are reluctant to address it outright, especially since they don’t want to ruffle any feathers both within their firm and with their clients. Understandably, many law firms struggle with how to appropriately, reasonably, and ethically manage the costs of a modern, robust eDiscovery technology solution. However, the majority of modern, forward-thinking law firms have found that innovative technology routinely saves their clients money and produces better outcomes. And there are multiple ways for firms to ensure they cover their own costs while providing these benefits.

 

Litigation & Billing Roadblocks Don’t Have to be Roadblocks

When it comes to cost recovery options, there are a few basic roadblocks that give attorneys pause. For one, attorneys speculate and have an underlying fear that clients might reject getting billed for new charges. The fear is especially great when considering long-lasting clients that have been loyal for years. Attorneys don’t want to anger them or worse, lose them. However, by implementing cutting-edge technology, firms are actually adding value and bolstering their position to win cases for their clients. The use of technology actually increases accuracy and efficiency during discovery. From a holistic standpoint, a robust eDiscovery solution is a way of giving armor to litigators to help them stand out in the competition as an effective lawyer, which ultimately benefits clients and helps them succeed. Not to mention, the efficiencies and added value result in cost savings long term for both the firm and the client.

Attorneys also fear that their competition’s lack of cost recapture policies will appeal to their existing clients. There’s a common misconception that the majority of law firms aren’t implementing cost recovery models when it’s simply not true. The majority of modern, forward-thinking law firms have already done so and have seen immense benefits and cost savings that they then pass on to their clients. Cost recovery is a win-win for firms and their clients. 

 

The Importance of Educating Attorneys and Clients about eDiscovery Billing 

When implementing cost recapture models, the key is to educate attorneys within the firm and consequently educate clients. It’s important for clients to understand how they are benefitting from these new changes. When a firm has never charged clients for eDiscovery technology before, they need to get buy-in from their attorneys internally and educate them on the importance of doing so. Both management and attorneys are responsible for building their business and client base. By supporting and educating your clients with the best technology that’s out there, it strengthens your ability to represent them, and it bodes well for both the firm and the attorney. Getting buy-in from clients gives attorneys an opportunity to show them how they can help them win.

 

What are my Cost Recovery Options?

There is more than one way to recover the costs generated by new technologies. Refer to this comprehensive white paper for an in-depth look into the different cost recovery models that are being used by modern law firms today. 

Cost Recovery White Paper

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