A Different Mission Than Defense Providers
Our decision to become fully Plaintiff focused was predicated on several salient factors. First, working on Mass Torts and Class Actions, Plaintiffs sit in an asymmetrical posture relative to the volume of their production as compared to defendants’. As an eDiscovery Consultancy, that calls out a different kind of needs fulfillment for the provider. Defense oriented ESI providers are tasked with culling data as early as possible, processing, hosting and reviewing that data as it flows through the funnel of elimination.
Defense oriented consulting is predicated on helping their institutional clients reduce their risk by limiting the amount of data they need to process, host and review. And defense firms have their own eDiscovery practice professionals – lawyers who came from strong technology backgrounds lead the discovery protocols for the defense. These are sophisticated and very talented technology lawyers well versed in presenting ESI protocols, that strongly favor their clients’ interests and are presented to seem completely reasonable, both to the court and often to Plaintiffs' counsel. But that reasonableness masks a wolf in sheep’s clothing. The ESI stipulation is meant to disadvantage Plaintiffs and reduce risk for the large institutional clients and white shoe law firms who represent them.
ILS recognized that the Plaintiff’s bar was at a distinct disadvantage, both from this resource imbalance AND because of the disproportionate burden of receiving a literal blizzard of digital evidence, often at the last possible time before important case events. We’ve seen defense attempt to hide good documents in terabytes of nothing-burgers that are barely responsive or overwhelmingly defense supportive.
So, after 21 years of working with anyone who needed our services, ILS changed course and became the first (and to our knowledge the only) Plaintiff Only eDiscovery Consultancy. We completely reoriented our focus to help Plaintiffs solve the data blizzard problem. Since everything Plaintiffs receive is presumed responsive, our focus for over a decade has been on helping our clients categorize and analyze the productions to find the most relevant documents and associate them with the issues they support.