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Learn How to Overcome Client Pushback & Recoup Discovery Costs

June 12, 2019  |  2 min read

Kicking Down Doors

If you’ve experienced pushback from clients on discovery costs, you’re not alone.

According to a recent survey by Logikcull of over 100 law firms, 89 percent of respondents said they received resistance from clients around the cost of discovery.

More than two-thirds of those experienced pushback sometimes (42 percent), usually (16 percent), or always (10 percent).

What’s that pushback lead to? Frustrated attorneys, angry clients, and—oh, right—lost revenue. According to our survey, client pushback and the need to maintain a positive client relationship were the number one and two reasons that law firms wrote off discovery costs.

Those write-offs aren’t infrequent, either.

Forty-two percent of respondents said they were left eating some of their discovery expenses at least sometimes, while seven percent write off costs most of the time. And an unfortunate one percent always wrote off discovery costs—leaving revenue unrealized in each and every discovery matter.

It’s not surprising. Too often, discovery remains expensive and unpredictable, characterized by black-box technologies and opaque processes that can make it hard to convey the value of the discovery process—and black-box fees ($250 for a 50-minute support call here, $100/GB for data processing there) that can be hard for clients to stomach.

But there are ways to reduce pushback and ensure that your discovery process doesn’t drain your law firm’s coffers. Predictable pricing models, client-friendly and firm-friendly tools, and education around the value of discovery and the discovery services your firm performs can all help reduce the frequency of write-offs and lead to greater cost recovery.

To learn more about these strategies—and to get a sneak peek into our survey results—sign up for Logikcull’s upcoming webinar on eDiscovery billing challenges and how to overcome them, brought to you in conjunction with the Association of Certified eDiscovery Specialists.

Attend the webinar for a survey of cost recovery strategies and best practices from experts that do handle these issues nearly every day, including:

Jennifer Williams, Director of Practice Support, Vinson & Elkins

At Vinson and Elkins, Jennifer Williams directs all aspects of litigation support technology and electronic discovery. With two decade's worth of experience, Jennifer coordinates the use of the firm’s practice support technology for electronic discovery, data analysis and management, database support and design, and trial presentation.

Ricky Brooman, Litigation Support Project Manager, Saul Ewing Arnstein & Lehr

As Litigation Support Project Manager at Saul Ewing Arnstein & Lehr LLP, Ricky Brooman consults internal and external clients on best practices for eDiscovery and information governance, and manages all phases of the EDRM for litigation matters.

Aaron Crockett, eDiscovery Counsel, Harrang Long Gary Rudnick

Aaron Crockett is eDiscovery Counsel at Harrang Long Gary Rudnick in Portland, Oregon, where his practice focuses on the management, analysis, and production of digital evidence in civil litigation and other contexts.

Register now! And stay tuned to the blog for a further break down of our survey results in the near future, including a look at law firm bill-back models, the most common discovery challenges, and candid insight into the efficiency of discovery cost recovery approaches.